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Oregon Revised Statutes Human Services; Juvenile Code; Corrections § 419B.833

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) Except for service by publication, proof of service of summons or mailing must be made by:

(a) The certificate of the server if the summons is not served by a sheriff or a sheriff's deputy. The certificate must indicate the time, place and manner of service, that the server is a competent person of at least 18 years of age and is a resident of the state of service or of this state and that the server reasonably believes that the person served is the identical one named in the summons. If the person served was not personally served, the server shall state in the certificate when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate may be made by the person completing the mailing or the attorney for any party and must state the circumstances of mailing and have the return receipt attached.

(b) The sheriff's or sheriff's deputy's certificate of service if the summons is served by a sheriff or a sheriff's deputy. The certificate must indicate the time, place and manner of service and, if the person served was not personally served, when, where and with whom a copy of the summons and petition was left or describe in detail the manner and circumstances of service. If the summons and petition were mailed, the certificate must state the circumstances of mailing and have the return receipt attached.

(2) Service by publication must be proved by an affidavit in substantially the following form:

AFFIDAVIT OF PUBLICATION

STATE OF OREGON

)

)

ss.

County of __________

)

I, _____________, being first duly sworn, depose and say that I am the ___________ (here set forth the title or job description of the person making the affidavit), of the ____________, a newspaper of general circulation published at _____________ in the aforesaid county and state; that I know from my personal knowledge that the __________, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper three times in the following issues: (here set forth dates of issues in which the same was published).

Subscribed and sworn to before me this _______ day of _________________, 2_____.

_________________________________________________

Notary Public for Oregon

My commission expires:

____________________.

(3) The affidavit of service may be made and certified before a notary public or other official authorized to administer oaths by the United States, any state or territory of the United States or the District of Columbia. The notary public or official shall affix the notary's or official's official seal, if any, to the affidavit. The signature of the notary or other official, when attested by the affixing of the official seal of the person, is prima facie evidence of authority to make and certify the affidavit.

(4) A certificate or affidavit containing proof of service may be made upon the summons or as a separate document attached to the summons.

(5) In addition to the other ways specified in this section, proof of service may be made by a written acceptance of service by the person who was served.

(6) If summons has been properly served, failure to make or file a proper proof of service does not affect the validity of the service.

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Cite this article: FindLaw.com - Oregon Revised Statutes Human Services; Juvenile Code; Corrections § 419B.833 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-34-human-services-juvenile-code-corrections/or-rev-st-sect-419b-833/

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