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Instructions – Alternative Service OJD OFFICIAL
R EQUEST FOR A LTERNATE SERVICE M ETHOD
If you are not able to serve another party using any of the methods listed in Oregon Rules of Civil Procedure (ORCP) Rule 7D(2)^1 , you can ask the court to allow you to serve by another method. You will have to explain why you cannot use any of the ORCP 7D(2) service options and why your request is reasonably likely to let the other party know about the case.
Other service methods include publication in a newspaper of general circulation, email or social media posting, and text message or fax. Any alternative service method must be the most reasonably likely way to inform the other party of the action. If there is another way you think you can notify the other party, specify your request in the “other” sections.
You will also have to explain what you have done to try to find the other party. Some common efforts include contacting the party’s employer, friends, and family, searching public utility and court records , the DMV or post office, and the internet.
STEP 1: FILLING OUT THE F ORMS
Fill out the Ex Parte Motion for Alternative Service & Declaration in Support. Specify how you intend to serve the other party and why you believe your request is likely to advise the party of the case.
Parties & Case Number – the parties and the case number are the same as they are on your filing papers
Make copies for your records
STEP 2: FILE YOUR FORMS
File the original Motion & Declaration with the court clerk where you filed your case. Courts handle these matters differently. You may be scheduled for an appearance, or you may have to file and appear at a certain time scheduled for all “ex parte” matters. Ask the clerk at your court how to proceed. Filing this motion is free.
STEP 3: SERVICE
If the court grants your motion, read the Order carefully. The judge may have made changes to your request or ordered additional actions. If you fail to follow the judge’s orders, you risk the court dismissing your case. If your case is dismissed for failure to serve and you want to refile, you may need to pay your case filing fees again.
Publication: You can take or send the Summons for Service by Publication to the approved newspaper. You do not need to publish the other documents you filed. Your Summons must include a summary of the case and the relief you are asking the court to order. If the court orders mailing in addition to publication, you must mail the Summons and other filed documents both by first class mail and by certified mail, return receipt requested.
(^1) In person, by residential or office service, or by certified mail, return receipt requested
Instructions – Alternative Service OJD OFFICIAL
For any other method of service, you must be able to show the court that you successfully completed the requirements. For electronic service methods, this can mean a screenshot of the email, share, or text message, especially if it shows that the other party actually opened or viewed the message. For faxes, keep the confirmation page.
STEP 4: PROOF OF SERVICE
An original proof of service must be filed with the court in all cases
For publication - you must file the Declaration of Publication completed by a representative of the newspaper that published your Summons. You only need to file a Certificate of Alternative Service if the court also ordered you to mail copies. If so, you must file both a Declaration of Publication and a Certificate of Alternative Service.
For electronic methods (email, text message, social media, fax, etc.) – complete and file a Certificate of Alternative Service. You can include screenshots or images. o The receiver must be able to open and read true copies of the documents o If you later learn that the other party did not personally receive the message, you must file an amended Certificate of Alternative Service to let the court know
For any other method - complete and file a Certificate of Alternative Service
After you file your proof of service, refer to your original instruction document for the next steps in your case
Alternative Service – Motion/Declaration OJD O FFICIAL
Documents will also be mailed by first class mail and by certified mail, return receipt requested,
to the party’s current address (or the last known address if current address is not known)
No address is available for mailing and no address can reasonably be discovered. I ask the court to waive the mailing requirement.
Statement of Points and Authorities
Oregon Rules of Civil Procedure (ORCP) Rule 7D(6) allows a court to order alternative methods of service if service cannot be made by any other method specified by rule or statute. Service may be made by any method or combination of methods most reasonably calculated to advise the recipient of the action.
Declaration
I have made the following efforts to locate the other party (explain who you contacted or steps
taken to locate the other party or find a valid contact address):
Service cannot be made in person, at the other party’s residence or office, or by mail^1 , because:
(Explain why you cannot serve by these methods and the efforts you have made) :
I believe the requested method of alternative service is the most reasonably likely to advise the
recipient of the action because:
For electronic service : I believe the other party has recently sent and received messages from
this email address, text message or fax line, or social media account because:
(^1) Under Oregon Rules of Civil Procedure (ORCP) Rule 7D(2)
Alternative Service – Motion/Declaration OJD O FFICIAL
The documents to be served are (list all document titles) :
I hereby declare that the above statements are true to the best of my knowledge and belief. I understand they are made for use as evidence in court and I am subject to penalty for perjury.
Date Signature
Name (printed)
Contact Address City, State, ZIP Contact Phone
Certificate of Alternative Service OJD O FFICIAL
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ___________________
Plaintiff/Petitioner CERTIFICATE OF
vs ALTERNATIVE SERVICE
(ORCP 7D(6))
Defendant/Respondent
I, (name) certify that I served true copies of
the original documents listed below on (name of party being served) :
(check all that apply) :
Summons Petition, Claim, or Complaint Order to Show Cause Other (name all forms or documents served)
by (check all that apply and complete all information):
Certified or Registered Mail, Return Receipt Requested on (date)
I personally deposited true copies with the U.S. Postal Service by certified or registered mail,
Return Receipt Requested, or by express mail, postage paid o r by delivery service or courier
(name of service or courier) addressed to the party to be
served: ( name ) at (address)
Electronic service by email social media text message fax at (addresses, sites, or numbers) :
on (dates) :
The service transmission/message/posting was made in such a way that the case name, case number, and court name were most likely to be read first. For email, this information was in the subject line. For fax, text message, or social media post, this information was in the first/top line. The served documents were linked or attached in a file format that is capable of showing a true copy of the original document
Certificate of Alternative Service OJD O FFICIAL
Posting at the courthouse for this county and Dates: Location:
Other method authorized by court order on (date)
(describe)
AND
First Class Mail on (date) I personally deposited true
copies with the U.S. Postal Service by first class mail addressed to the party to be served:
( name ) at (address)
Amended Certificate I previously filed a Certificate of Alternative Service for service by electronic means. I now believe that the recipient did not personally receive the electronic transmission.
I hereby declare that the above statements are true to the best of my knowledge and belief. I understand they are made for use as evidence in court and I am subject to penalty for perjury.
Date Signature of Server
Print Name
If person serving is NOT a sheriff or sheriff’s deputy, address and phone number of server:
Summons for Publication OJD O FFICIAL
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ______________________
Plaintiff/Petitioner
v. SUMMONS
FOR SERVICE BY
PUBLICATION
Defendant/Respondent
Date of First Publication : (response must be filed within 30
days of this date)
(Filer’s name) : has filed a (type of case)
case asking the court to order (explain what you want the court
to order)
You must “appear” in this case or the other side will win automatically. To “appear,” you must file a legal Response, Answer, or Motion. Forms may be available through the court above or online at www.courts.oregon.gov/forms. Talk to a lawyer for information about appearing by motion.
Your response must be filed with the court named above within 30 days of the date of first publication (noted above) , along with the required filing fee (go to www.courts.oregon.gov for fee information). It must be in proper form. You must show that the other party’s lawyer (or the party if they do not have a lawyer) was formally served with a copy of your response according to the service rules. Service rules are in the Oregon Rules of Civil Procedure (ORCP) Rule 9.
If you have questions, see a lawyer immediately. If you need help finding a lawyer, you can call the Oregon State Bar’s Lawyer Referral Service at 503.684.3763 or toll free in Oregon at 800.452.7636, or go to www.oregonstatebar.org.
Date Signature
Name (printed)
Contact Address City, State, ZIP Contact Phone
NOTICE TO DEFENDANT: READ CAREFULLY!
