Affidavit of Service (Return of Service) - Oregon

AFFIDAVIT OF SERVICE

Oregon Circuit Court

CASE CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

[________________________________],

Plaintiff(s),

v.

Case No.: [________________________________]

[________________________________],

Defendant(s).

AFFIDAVIT OF SERVICE

SECTION 1: AFFIANT INFORMATION

I, [________________________________] ("Affiant"), being first duly sworn, state as follows:

1.1 Affiant Qualifications

1. I am at least eighteen (18) years of age.

2. I am not a party to, nor an officer, director, or employee of, nor attorney for, any party (corporate or otherwise) in the above-captioned action, except that an attorney may complete the mailings allowed by ORCP 7 E.

3. I am a competent person and a resident of the State of ☐ Oregon / ☐ [________________________________] (state where service was made), as required by ORCP 7 E and F(2)(a)(i).

4. I am competent to testify to the matters stated herein from personal knowledge.

1.2 Affiant Contact Information

SECTION 2: DOCUMENTS SERVED

I served the following document(s) on behalf of the ☐ Plaintiff / ☐ Defendant in the above-captioned action:

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Type of Location:

☐ Defendant's dwelling house or usual place of abode

☐ Defendant's office or place of business

☐ Registered agent's office

☐ Secretary of State's office (if statutory conditions are met: ORS 60.121 for a domestic corporation; ORS 60.731 for a foreign corporation). Describe the applicable condition and required notices/mailings in Section 9.

☐ Other: [________________________________]

SECTION 4: PERSON SERVED

4.1 Identity of Person Served

(Select one)

☐ Individual Defendant — I served the documents directly upon the named defendant:

Name as shown on summons: [________________________________]

I knew the person served to be the identical person named in the action. (Required by ORCP 7 F(2)(a).)

☐ Substitute Service Recipient — I left the documents with the following person at the defendant's dwelling house or usual place of abode, as permitted under ORCP 7 D(2)(b):

☐ Office Service Recipient — I left the documents with a person who was apparently in charge of the defendant's office during normal working hours, as permitted under ORCP 7 D(2)(c):

☐ Corporate / LLC Registered Agent — I served the entity's registered agent under ORS 60.121 (domestic corporation), ORS 60.731 (foreign corporation), or ORS 63.121 (LLC), as applicable:

☐ Corporate Officer / Managing Agent — I served the documents upon an officer, director, managing agent, or other authorized representative:

☐ Partnership / Unincorporated Association — I served the documents upon a partner, manager, or authorized agent:

☐ State of Oregon — I served the documents upon the Attorney General or designated representative pursuant to ORS 180.260.

☐ Other — I served the documents upon: [________________________________]

Basis for service: [________________________________]

SECTION 5: METHOD OF SERVICE

(Select the applicable method and complete all required details)

☐ 5A. Personal Service — ORCP 7 D(2)(a)

I personally delivered true copies of the above-described summons and complaint to the person named in Section 4 above. I knew the person served to be the identical one named in the action. Service was made in a 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, as required by ORCP 7 D(1).

☐ 5B. Substituted Service — ORCP 7 D(2)(b)

I delivered true copies of the above-described summons and complaint at the dwelling house or usual place of abode of the defendant to the person identified in Section 4 above, who is at least 14 years of age and resides at that dwelling house or usual place of abode.

Mandatory Follow-Up Mailing:

☐ On [__/__/____], as soon as reasonably possible after substituted service, I caused to be mailed by first class mail true copies of the summons and complaint to the defendant at:

[________________________________] (defendant's dwelling house or usual place of abode address)

Together with a statement of the date, time, and place at which substituted service was made.

(Note: Under ORCP 7 D(2)(b), substituted service is complete upon the mailing.)

☐ 5C. Office Service — ORCP 7 D(2)(c)

The defendant maintains an office for the conduct of business at [________________________________]. I left true copies of the summons and complaint at that office during normal working hours with the person identified in Section 4 above, who was apparently in charge of the office.

Mandatory Follow-Up Mailing:

☐ On [__/__/____], I caused to be mailed by first class mail true copies of the summons and complaint to the defendant at:

[________________________________] (defendant's office address)

(Note: Under ORCP 7 D(2)(c), office service is not complete until both the delivery and the mailing have been accomplished.)

☐ The mailing included a statement that office service occurred on [DATE] at [TIME] at [PLACE / OFFICE ADDRESS].

☐ 5D. Service by Mail — ORCP 7 D(2)(d)

I mailed true copies of the above-described summons and complaint to the defendant by first class mail and by ☐ certified mail / ☐ registered mail / ☐ express mail, return receipt requested, at:

[________________________________]

The mailings complied with ORCP 7 D(2)(d)(i). For mail service on an individual defendant under ORCP 7 D(3)(a)(i), the defendant or another person authorized to receive service must sign the certified, registered, or express mail receipt; service is complete on the date of that signature. The three-day or seven-day calculation in ORCP 7 D(2)(d)(ii) applies only where the governing service provision allows completion without a signed receipt.

☐ Signed return receipt is attached as Exhibit [____]; signer and authority to receive service: [________________________________].

☐ The governing provision [RULE / STATUTE: ________] permits completion without a signed receipt for this defendant or service method; no receipt was received, and the applicable three-day or seven-day period has elapsed. Do not select this option for mail service on an individual under ORCP 7 D(3)(a)(i).

☐ 5E. Service by Publication — ORCP 7 D(6)(a)(i)

Service was accomplished by publication as authorized by court order dated [__/__/____], in [________________________________] (name of newspaper), a newspaper of general circulation in [________________________________] County, Oregon.

☐ Publisher's affidavit of publication is attached hereto as Exhibit [____].

Mailing Requirement:

☐ On [__/__/____], I mailed true copies of the summons and complaint by first class mail and by ☐ certified / ☐ registered / ☐ express mail, return receipt requested, to the defendant's ☐ current / ☐ last known address: [________________________________]

☐ Neither a current nor a last known address could be ascertained with reasonable diligence; no mailing was required under ORCP 7 D(6).

☐ 5F. Court-Ordered Alternative Service — ORCP 7 D(6)

Service was made by the method authorized by court order dated [__/__/____].

Method ordered: [________________________________]

☐ A copy of the court order authorizing this method of service is attached hereto as Exhibit [____].

☐ 5G. Service Outside Oregon — ORCP 7 D(1)

I personally served the defendant outside the State of Oregon at the following location, using a method of service authorized under the laws of the state where service was made or under ORCP 7 D(2):

SECTION 6: DESCRIPTION OF PERSON SERVED

(Optional identifying details; ORCP 7 F does not require a physical description.)

SECTION 7: DUE DILIGENCE FOR SUBSTITUTE, OFFICE, OR ALTERNATIVE SERVICE

(Complete this section ONLY if personal service was not accomplished)

7.1 Attempts at Personal Service

7.2 Investigation to Locate Defendant

(If requesting alternative service under ORCP 7 D(6), describe all steps taken to determine the defendant's whereabouts)

☐ Searched public records (property records, voter registration, motor vehicle records)

☐ Contacted last known employer: [________________________________]

☐ Contacted relatives or known associates: [________________________________]

☐ Searched online databases and social media

☐ Checked forwarding address with U.S. Postal Service

☐ Visited last known address on [__/__/____] — Result: [________________________________]

☐ Verified that defendant's residence address, mailing address, and place of employment are unlikely to accomplish service (required for electronic alternative service under ORCP 7 D(6))

☐ Other investigation steps: [________________________________]

7.3 Reason Personal Service Was Impractical

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

☐ No fee was charged for service.

☐ Fee receipt is attached as Exhibit [____].

SECTION 9: ADDITIONAL STATEMENTS

[________________________________]

(Use this section for any additional information relevant to service, such as unusual circumstances, the defendant's response at the time of service, or any other facts the court should know.)

SECTION 10: DECLARATION AND OATH

I, [________________________________], declare under penalty of perjury under the laws of the State of Oregon that:

1. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

2. I am a competent person at least 18 years of age, a resident of the State of ☐ Oregon / ☐ [________________________________], and not a party to, nor an officer, director, or employee of, nor attorney for, any party in this action, except as ORCP 7 E permits for mail service.

3. I knew the person, firm, or corporation served to be the identical one named in the action, as required by ORCP 7 F(2)(a).

4. I have personally performed the acts of service described in this Affidavit.

(Note: Under Oregon law, a declaration under penalty of perjury may be used in lieu of any affidavit required or allowed by the Oregon Rules of Civil Procedure. See ORCP 1 E.)

SECTION 11: EXECUTION AND NOTARIZATION

Executed on [__/__/____], at [________________________________], Oregon.

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.

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF OREGON      )

                                        ) SS.

COUNTY OF [________________________________]  )

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_______________________________________________

Notary Public for the State of Oregon

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of certified mail receipt or return receipt (if service by mail)

☐ Exhibit B — Mailing records showing first class and certified, registered, or express mail (if service under ORCP 7 D(2)(d))

☐ Exhibit C — Court order authorizing alternative service (if applicable)

☐ Exhibit D — Publisher's affidavit of publication (if service by publication)

☐ Exhibit E — Proof of follow-up mailing (for substituted or office service)

☐ Exhibit F — Additional return sheets for multiple parties served

☐ Exhibit G — Fee receipt (if applicable)

☐ Exhibit H — Photographs or GPS time-stamped proof of service location

☐ Exhibit I — Other: [________________________________]

SECTION 13: OREGON-SPECIFIC PRACTICE NOTES

Who May Serve Process in Oregon (ORCP 7 E)

Under Oregon law, summons shall be served by a person who is:

• At least 18 years of age
• A competent person (not a minor, not incompetent)
• Not a party to the action
• Not an officer, director, or employee of, nor attorney for, any party (corporate or otherwise)
• A resident of the state where service is made or of the State of Oregon

An attorney for a party may perform service by mail under ORCP 7 D(2)(d)(i) and the follow-up mailings specified in D(2)(b) and (c). ORCP 7 E.

Oregon does not require process servers to be licensed or registered, but local county rules may impose additional requirements. There is no requirement that a sheriff serve process.

Methods of Service (ORCP 7 D(2))

Oregon recognizes the following methods of service:

1. Personal Service (ORCP 7 D(2)(a)) — Delivering true copies of the summons and complaint to the defendant personally.
2. Substituted Service (ORCP 7 D(2)(b)) — Leaving copies at the defendant's dwelling with a person at least 14 years old who resides there, followed by a mandatory first class mailing to the defendant. Service is complete upon the mailing.
3. Office Service (ORCP 7 D(2)(c)) — Leaving copies at the defendant's office during normal working hours with the person apparently in charge, followed by mandatory first class mailing. Service is not complete until both delivery and mailing are accomplished.
4. Service by Mail (ORCP 7 D(2)(d)) — Mailing true copies of the summons and complaint by first class mail and by certified, registered, or express mail with return receipt requested. Completion occurs on signature of a receipt by the defendant or authorized person, or after three days for an Oregon mailing or seven days for an out-of-state mailing, whichever is first.

Proof of Service Requirements (ORCP 7 F)

Under ORCP 7 F(2)(a), a server's certificate of service other than publication must identify:

• The specific documents that were served
• The time, place, and manner of service
• That the server is a competent person 18 years of age or older
• That the server is a resident of the state of service or Oregon
• That the server is not a party to, nor an officer, director, or employee of, nor attorney for, any party, subject to the mailing exceptions in ORCP 7 E
• That the server knew the person served to be the identical one named in the action

Substituted and Office Service — Mailing Requirement

For both substituted service (ORCP 7 D(2)(b)) and office service (ORCP 7 D(2)(c)), a follow-up mailing by first class mail is mandatory. For substituted service, mailing must be accomplished "as soon as reasonably possible." For office service, service is not legally complete until both delivery and mailing have been done.

Alternative Service by Court Order (ORCP 7 D(6))

When service is not possible by any other authorized method, a party may file a motion supported by affidavit or declaration requesting alternative service. The court may authorize service by any method or combination of methods most reasonably calculated to apprise the defendant of the action. For electronic alternative service, the supporting affidavit must include specific facts showing the defendant is likely to personally receive the electronic transmission.

Declaration vs. Affidavit

Under ORCP 1 E, a declaration made under penalty of perjury may be used in lieu of any affidavit required or allowed by the Oregon Rules of Civil Procedure. The declaration must recite that it is made under penalty of perjury.

Filing Deadline

File the proof of service with the Clerk of Court promptly after service is completed. Proof of service is generally required before a default judgment can be entered.

Sources and References

• ORCP 7 (Summons): Oregon Public Law
• ORCP 9 (Service and Filing of Pleadings): Oregon Public Law
• Oregon Rules of Civil Procedure (Full Text): Oregon Legislature
• Rule 7 promulgation, effective January 1, 2024: Oregon Council on Court Procedures
• Oregon Service of Process Checklist: Oregon State Bar PLF
• Oregon Process Serving Laws Overview: ServeNow
• Oregon Courts — How to Serve Legal Papers: Oregon Courts
• ORCP 7 Methods of Service Training Guide: Oregon Licensed Paralegals