ORCP 9 – SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

SERVICE AND FILING OF PLEADINGS AND OTHER DOCUMENTS

RULE 9

A Service; When Required. Except as otherwise provided in these rules, every order; every pleading subsequent to the original complaint; every written motion other than one that may be heard ex parte; and every written request, notice, appearance, demand, offer to allow judgment, designation of record on appeal, and similar document shall be served on each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 7.

B Service; How Made. Except as otherwise provided in Rule 7 or Rule 8, whenever under these rules service is required or permitted to be made upon a party, and that party is represented by an attorney, the service shall be made on the attorney unless otherwise ordered by the court. Service on the attorney or on a party shall be made by delivering a copy to that attorney or party; by mailing it to the attorney’s or party’s last known address; by e-mail as provided in section G of this rule; or, if the party is represented by an attorney, by facsimile communication as provided in section F of this rule. Delivery of a copy within this rule means: handing it to the person to be served; or leaving it at the person’s office with the person who is apparently in charge; or, if there is no one in charge, leaving the copy in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving the copy at the person’s dwelling house or usual place of abode with some person over 14 years of age or older then residing therein. A party who has appeared without providing an appropriate address for service may be served by filing a copy of the pleading or other document with the court. Service by mail is complete on mailing. Service of any notice or other document to bring a party into contempt may only be upon that party personally.

C Filing; Proof of Service.

C(1) Generally. Except as provided by section D of this rule, all documents required to be served upon a party by section A of this rule shall be filed with the court within a reasonable time after service. Except as otherwise provided in Rule 7 and Rule 8, proof of service of all documents required or permitted to be served may be by written acknowledgment of service, by affidavit or declaration of the person making service, or by certificate of an attorney. Proof of service may be made on the document served or as a separate document attached thereto.

C(2) Proof of service by facsimile communication. If service is made by facsimile communication under section G of this rule, proof of service shall be made by affidavit or by declaration of the person making service, or by certificate of an attorney and the person making service shall attach to the affidavit, declaration, or certificate printed confirmation of receipt of the message generated by the transmitting technology.

C(3) Proof of service by e-mail. If service is made by e-mail under section G of this rule, proof of service shall be made by affidavit or by declaration of the person making service, or by certificate of an attorney, stating either that the other party has consented to service by e-mail or that he or she received confirmation that the message and attachment were received by the designated recipient and specifying the method by which the sender received confirmation. An automatically generated message indicating that the recipient is out of the office or is otherwise unavailable cannot support the required certification, nor can an automatically generated e-mail delivery status  notification.

C(4) Proof of service by electronic service. If service is made by electronic service under section H of this rule, proof of service under section H of this rule, proof of service shall be made by affidavit or by declaration of the person making service, or by certificate of an attorney, specifying that service was completed by electronic service.

C(5) Proof of service on a party without a service address. Service on a party who has appeared without providing an appropriate address for service shall be by affidavit or by declaration of the person filing the document, or by certificate of an attorney, that service by filing as provided in section B of this rule is appropriate.

D When Filing not Required. Notices of deposition, requests made pursuant to Rule 43, and answers and responses thereto shall not be filed with the court. This rule shall not preclude their use as exhibits or as evidence on a motion or at trial. Offers to allow judgment made pursuant to Rule 54 E shall not be filed with the court except as provided in Rule 54 E(3).

E Filing With the Court Defined. The filing of pleadings and other documents with the court as required by these rules shall be made by filing them with the clerk of the court or the person exercising the duties of that office. The clerk or the person exercising the duties of that office shall endorse on the pleading or document the time of day, the day of the month, the month, and the year. The clerk or person exercising the duties of that office is not required to receive for filing any document unless a caption that includes the name of the court; the case number of the action, if one has been assigned; the title of the document; and the names of the parties are legibly displayed on the front of the document, nor unless the contents of the document are legible. Further, the clerk is not required to receive for filing any document that does not include the name, address, and telephone number of the party or the attorney for the party, if the party is represented.

F Service by Facsimile Communication. Whenever under these rules service is required or permitted to be made on a party, and that party is represented by an attorney, the service may be made on the attorney by means of facsimile communication if the attorney has such technology available and said technology is operating at the time service is made. Service in this manner shall be subject to Rule 10 B. Facsimile communication includes: a telephonic facsimile communication device; a facsimile server or other computerized system capable of receiving and storing incoming facsimile communications electronically and then routing them to users on paper or via e-mail; or an internet facsimile service that allows users to send and receive facsimiles from their personal computers using an existing e-mail account.

G Service by E-Mail. Whenever under these rules service is required or permitted to be made on a party, unless the party or the party’s attorney is exempted from service by e-mail by an order of the court, the service may be made by means of e-mail. Service is complete under this rule on confirmation of receipt of the e-mail or, if the receiving party has consented to service by e-mail, on transmission of the e-mail. Any party or any party’s attorney must provide the name and e-mail address of that party or that attorney and that attorney’s designee, if any, on any document served by e-mail. Any party or attorney who has communicated by e-mail or by electronic service must notify the other parties in writing of any changes tot that party’s or that attorney’s e-mail address. Service in this manner shall be subject to Rule 10 B.

H Service by Electronic Means. As used in these rules, “electronic service” means using an electronic filing system provided by the Oregon Judicial Department and in the manner prescribed in rules adopted by the Chief Justice of the Oregon Supreme Court.

[CCP 12/2/78; amended by 1979 c.284 § 10; § B amended by CCP 12/13/80; § B amended by CCP 12/4/82; §§ C,D,E amended by CCP 12/13/86; amended by 1989 c.295 § 1; §C amended by 2003 c.194 § 6; § F amended by CCP 12/11/04; §§ A,B,E amended by CCP 12/9/06 and 2007 c.129 §§ 24,25,26; § C amended by CCP 12/9/06 and 2007 c.255 § 15; § G adopted by CCP 12/9/06; § D amended by CCP 12/11/10, eff. Jan. 1, 2012; §§ A, B, C, D, E, F, G amended and H adopted by CCP 12/6/14, eff. Jan. 1, 2016; § F amended by Laws 2015, c. 212, § 7, eff. June 2, 2015; §§ A, B, C, E, F, G amended by the Council on Court Procedures, eff. Jan. 1, 2018, unless modified by statute.]

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