Oregon Federal Court Summons or Service of Process

State:
Multi-State
Control #:
US-03185BG
Format:
PDF
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

The Rule 26 provision regarding timing of the discovery conference requires that ?the parties must confer as soon as practicable ? and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).? (Fed. Rules Civ. Proc., rule 26(f)(1).)

Rule 26 - Real Party in Interest; Capacity of Partnerships and Associations (A) Real party in interest. Every action shall be prosecuted in the name of the real party in interest.

Failure to object to a discovery request within the time permitted by the Federal Rules of Civil Procedure, or within the time to which the parties have agreed, constitutes a waiver of any objection.

LR 37-1 Requirements Motions for an order compelling an answer, designation, production, or inspection must provide only the pertinent interrogatory, question, request, or notice of deposition, including any pertinent responses and/or objections, together with the legal arguments of the party.

Response: A party must file and serve any response within 14 days after service of the motion. Reply: A party must file and serve any allowable reply to the response within 14 days after service of the response. (See LR 26-3(c).)

Service may be made, subject to the restrictions and requirements of this rule, by the following methods: personal service of true copies of the 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 ...

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Oregon Federal Court Summons or Service of Process