Service and return of summons
- posting
- contents
- use of facsimile
Source:
Section 105.135 — Service and return of summons; posting; contents; use of facsimile, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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Notes of Decisions
This section does not violate the Due Process Clause or the Equal Protection Clause of the United States Constitution. Lindsey v. Normet, 405 US 56, 92 S Ct 862, 31 L Ed 2d 36 (1972)
Where summons in forcible entry and detainer action was not served within time prescribed by this section because clerk mailed copy of summons to defendant only four days prior to day of trial, court did not obtain personal jurisdiction over defendant. South State Inv. Co. v. Brigum, 289 Or 109, 611 P2d 305 (1980)
Failure to timely serve defendant with summons and complaint does not require dismissal of action, and service of amended summons and complaint may occur without leave of court. Balboa Apartments v. Patrick, 237 Or App 391, 241 P3d 317 (2010), aff’d351 Or 205, 263 P3d 1011 (2011)