69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 540
House Bill 2054
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Frank
Shields)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows individual to prevent Department of Transportation
release of residential address. Permits service of process on
department as agent of individual.
A BILL FOR AN ACT
Relating to Department of Transportation records; amending ORS
802.222 and ORCP 7 D.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 802.222 is amended to read:
802.222. (1) A person may submit a request to the Department of
Transportation that the person's name and address contained in
the driver or vehicle records of the department be excluded from
any lists compiled and sold or otherwise supplied by the
department for direct mail advertising purposes.
(2) Notwithstanding any provision of law declaring records of
the department to be public records, upon receipt of a request
described in subsection (1) of this section, the department
shall, to the extent possible, { - insure - } { + ensure + }
that the person's name and address are not contained on any list
sold or otherwise supplied by the department for direct mail
advertising purposes.
{ + (3) An individual may submit a request to the department
that the individual's residence address contained in the driver
or vehicle records of the department not be released to anyone
for any purpose except as provided in subsection (4) of this
section. An individual submitting a request under this
subsection shall pay a fee of $_____ and shall give the
department written authorization to act as agent of the
individual for purposes of accepting service of process.
(4) Notwithstanding any provision of law declaring records of
the department to be public records, upon receipt of a request
described in subsection (3) of this section, the department shall
ensure that the individual's residence address is not released to
anyone for any purpose except:
(a) To a federal, state or local government agency, including
but not limited to any law enforcement officer, for the purpose
of conducting official business;
(b) As ordered by a court of law; or
(c) As specifically authorized in writing by the
individual. + }
{ - (3) - } { + (5) + } A request { - described in
subsection (1) of - } { + submitted under + } this section shall
remain in effect until the department receives notice from the
person { + or individual + } to cancel the request.
{ + (6) Subsection (3) of this section does not apply to
department records of individuals issued identification cards
under ORS 807.400. + }
SECTION 2. ORCP 7 D { + (subject to amendment by the Council
on Court Procedures on December __, 1996) + } is amended to read:
D Manner of service.
D(1) Notice required. Summons shall be served, either within or
without this state, in any manner reasonably calculated, under
all the circumstances, to apprise the defendant of the existence
and pendency of the action and to afford a reasonable opportunity
to appear and defend. Summons may be served in a manner specified
in this rule or by any other rule or statute on the defendant or
upon an agent authorized by appointment or law to accept service
of summons for the defendant. Service may be made, subject to the
restrictions and requirements of this rule, by the following
methods: personal service of summons upon defendant or an agent
of defendant authorized to receive process; substituted service
by leaving a copy of summons and complaint at a person's dwelling
house or usual place of abode; office service by leaving with a
person who is apparently in charge of an office; service by mail;
or, service by publication.
D(2) Service methods.
D(2)(a) Personal service. Personal service may be made by
delivery of a true copy of the summons and a true copy of the
complaint to the person to be served.
D(2)(b) Substituted service. Substituted service may be made by
delivering a true copy of the summons and complaint at the
dwelling house or usual place of abode of the person to be
served, to any person over 14 years of age residing in the
dwelling house or usual place of abode of the person to be
served. Where substituted service is used, the plaintiff, as soon
as reasonably possible, shall cause to be mailed a true copy of
the summons and complaint to the defendant at defendant's
dwelling house or usual place of abode, together with a statement
of the date, time, and place at which substituted service was
made. For the purpose of computing any period of time prescribed
or allowed by these rules, substituted service shall be complete
upon such mailing.
D(2)(c) Office service. If the person to be served maintains an
office for the conduct of business, office service may be made by
leaving a true copy of the summons and complaint at such office
during normal working hours with the person who is apparently in
charge. Where office service is used, the plaintiff, as soon as
reasonably possible, shall cause to be mailed a true copy of the
summons and complaint to the defendant at the defendant's
dwelling house or usual place of abode or defendant's place of
business or such other place under the circumstances that is most
reasonably calculated to apprise the defendant of the existence
and pendency of the action, together with a statement of the
date, time, and place at which office service was made. For the
purpose of computing any period of time prescribed or allowed by
these rules, office service shall be complete upon such mailing.
D(2)(d) Service by mail. Service by mail, when required or
allowed by this rule, shall be made by mailing a true copy of the
summons and a true copy of the complaint to the defendant by
certified or registered mail, return receipt requested. For the
purpose of computing any period of time prescribed or allowed by
these rules, service by mail shall be complete three days after
such mailing if the address to which it was mailed is within this
state and seven days after mailing if the address to which it is
mailed is outside this state.
D(3) Particular defendants. Service may be made upon specified
defendants as follows:
D(3)(a) Individuals.
D(3)(a)(i) Generally. Upon an individual defendant, by personal
service upon such defendant or an agent authorized by appointment
or law to receive service of summons or, if defendant personally
cannot be found at defendant's dwelling house or usual place of
abode, then by substituted service or by office service upon such
defendant or an agent authorized by appointment or law to receive
service of summons.
D(3)(a)(ii) Minors. Upon a minor under the age of 14 years, by
service in the manner specified in subparagraph (i) of this
paragraph upon such minor, and also upon such minor's father,
mother, conservator of the minor's estate, or guardian, or, if
there be none, then upon any person having the care or control of
the minor or with whom such minor resides, or in whose service
such minor is employed, or upon a guardian ad litem appointed
pursuant to Rule 27 A(2).
D(3)(a)(iii) Incapacitated persons. Upon a person who is
incapacitated or financially incapable, as defined by ORS
125.005, by service in the manner specified in subparagraph (i)
of this paragraph upon such person, and also upon the conservator
of such person's estate or guardian, or, if there be none, upon a
guardian ad litem appointed pursuant to Rule 27 B(2).
D(3)(b) Corporations and limited partnerships. Upon a domestic
or foreign corporation or limited partnership:
D(3)(b)(i) Primary service method. By personal service or
office service upon a registered agent, officer, director,
general partner, or managing agent of the corporation or limited
partnership, or by personal service upon any clerk on duty in the
office of a registered agent.
D(3)(b)(ii) Alternatives. If a registered agent, officer,
director, general partner, or managing agent cannot be found in
the county where the action is filed, the summons may be served:
by substituted service upon such registered agent, officer,
director, general partner, or managing agent; or by personal
service on any clerk or agent of the corporation or limited
partnership who may be found in the county where the action is
filed; or by mailing a copy of the summons and complaint to the
office of the registered agent or to the last registered office
of the corporation or limited partnership, if any, as shown by
the records on file in the office of the Secretary of State or,
if the corporation or limited partnership is not authorized to
transact business in this state at the time of the transaction,
event, or occurrence upon which the action is based occurred, to
the principal office or place of business of the corporation or
limited partnership, and in any case to any address the use of
which the plaintiff knows or, on the basis of reasonable inquiry,
has reason to believe is most likely to result in actual notice.
D(3)(c) State. Upon the state, by personal service upon the
Attorney General or by leaving a copy of the summons and
complaint at the Attorney General's office with a deputy,
assistant, or clerk.
D(3)(d) Public bodies. Upon any county, incorporated city,
school district, or other public corporation, commission, board
or agency, by personal service or office service upon an officer,
director, managing agent, or attorney thereof.
D(3)(e) General partnerships. Upon any general partnerships by
personal service upon a partner or any agent authorized by
appointment or law to receive service of summons for the
partnership.
D(3)(f) Other unincorporated association subject to suit under
a common name. Upon any other unincorporated association subject
to suit under a common name by personal service upon an officer,
managing agent, or agent authorized by appointment or law to
receive service of summons for the unincorporated association.
D(3)(g) Vessel owners and charterers. Upon any foreign
steamship owner or steamship charterer by personal service upon a
vessel master in such owner's or charterer's employment or any
agent authorized by such owner or charterer to provide services
to a vessel calling at a port in the State of Oregon, or a port
in the State of Washington on that portion of the Columbia River
forming a common boundary with Oregon.
D(4) Particular actions involving motor vehicles.
D(4)(a) Actions arising out of use of roads, highways, and
streets; service by mail.
D(4)(a)(i) In any action arising out of any accident,
collision, or liability in which a motor vehicle may be involved
while being operated upon the roads, highways, and streets of
this state, any defendant who operated such motor vehicle, or
caused such motor vehicle to be operated on the defendant's
behalf who cannot be served with summons by any method specified
in subsection D(3) of this rule, may be served with summons by
leaving one copy of the summons and complaint with a fee of
$12.50 with the Department of Transportation or at any office the
department authorizes to accept summons or by mailing such
summons and complaint with a fee of $12.50 to the Department of
Transportation by registered or certified mail, return receipt
requested. The plaintiff shall cause to be mailed by registered
or certified mail, return receipt requested, a true copy of the
summons and complaint to the defendant at the address given by
the defendant at the time of the accident or collision that is
the subject of the action, and at the most recent address as
shown by the Department of Transportation's driver records, and
at any other address of the defendant known to the plaintiff,
which might result in actual notice to the defendant. For
purposes of computing any period of time prescribed or allowed by
these rules, service under this paragraph shall be complete upon
the date of the first mailing to the defendant.
D(4)(a)(ii) The fee of $12.50 paid by the plaintiff to the
Department of Transportation shall be taxed as part of the costs
if plaintiff prevails in the action. The Department of
Transportation shall keep a record of all such summonses which
shall show the day of service.
D(4)(b) Notification of change of address. Every motorist or
user of the roads, highways, and streets of this state who, while
operating a motor vehicle upon the roads, highways, or streets of
this state, is involved in any accident, collision, or liability,
shall forthwith notify the Department of Transportation of any
change of such defendant's address within three years after such
accident or collision.
D(4)(c) Default. No default shall be entered against any
defendant served under { + paragraph (a) of + } this subsection
unless the plaintiff submits an affidavit showing:
(i) that summons was served as provided in subparagraph
D(4)(a)(i) of this rule and all mailings to defendant required by
subparagraph D(4)(a)(i) of this rule have been made; and
(ii) either, if the identity of the defendant's insurance
carrier is known to the plaintiff or could be determined from any
records of the Department of Transportation accessible to
plaintiff, that the plaintiff not less than 14 days prior to the
application for default caused a copy of the summons and
complaint to be mailed to such insurance carrier by registered or
certified mail, return receipt requested, or that the defendant's
insurance carrier is unknown; and
(iii) that service of summons could not be had by any method
specified in subsection D(3) of this rule.
{ + D(4)(d)Actions against persons authorizing receipt of
service by Department of Transportation.
D(4)(d)(i) If service under paragraph (3)(a) of this section is
made on the Department of Transportation as the agent of an
individual requesting under ORS 802.222 that the department not
release the residence address of that individual for any purpose,
the plaintiff shall serve two copies of the summons and complaint
and pay a fee of $_____. The department shall mail one copy of
the summons and complaint by registered or certified mail to the
most recent address of the individual as shown on department
records. The department shall provide the plaintiff with written
notice of the date notice was mailed to the individual. For
purposes of computing any period of time prescribed or allowed by
these rules, service under this paragraph shall be complete upon
the date of mailing by the department as shown in the notice sent
to the plaintiff.
D(4)(d)(ii) The $_____ fee paid by the plaintiff to the
department under this paragraph shall be taxed as part of the
costs if the plaintiff prevails in the action. The department
shall keep a record of all summonses received under this
paragraph showing the date that the copy was mailed by the
department to the individual. + }
D(5) Service in foreign country. When service is to be effected
upon a party in a foreign country, it is also sufficient if
service of summons is made in the manner prescribed by the law of
the foreign country for service in that country in its courts of
general jurisdiction, or as directed by the foreign authority in
response to letters rogatory, or as directed by order of the
court. However, in all cases such service shall be reasonably
calculated to give actual notice.
D(6) Court order for service; service by publication.
D(6)(a) Court order for service by other method. On motion upon
a showing by affidavit that service cannot be made by any method
otherwise specified in these rules or other rule or statute, the
court, at its discretion, may order service by any method or
combination of methods which under the circumstances is most
reasonably calculated to apprise the defendant of the existence
and pendency of the action, including but not limited to:
publication of summons; mailing without publication to a
specified post office address of defendant, return receipt
requested, deliver to addressee only; or posting at specified
locations. If service is ordered by any manner other than
publication, the court may order a time for response.
D(6)(b) Contents of published summons. In addition to the
contents of a summons as described in section C of this rule, a
published summons shall also contain a summary statement of the
object of the complaint and the demand for relief, and the notice
required in subsection C(3) shall state: 'The 'motion' or '
answer' (or 'reply') must be given to the court clerk or
administrator within 30 days of the date of first publication
specified herein along with the required filing fee.' The
published summons shall also contain the date of the first
publication of the summons.
D(6)(c) Where published. In order for publication shall direct
publication to be made in a newspaper of general circulation in
the county where the action is commenced or, if there is no such
newspaper, then in a newspaper to be designated as most likely to
give notice to the person to be served. Such publication shall be
four times in successive calendar weeks.
D(6)(d) Mailing summons and complaint. If service by
publication is ordered and defendant's post office address is
known or can with reasonable diligence be ascertained, the
plaintiff shall mail a copy of the summons and complaint to the
defendant. When the address of any defendant is not known or
cannot be ascertained upon diligent inquiry, a copy of the
summons and complaint shall be mailed to the defendant at
defendant's last known address. If plaintiff does not know and
cannot ascertain, upon diligent inquiry, the present or last
known address of the defendant, mailing a copy of the summons and
complaint is not required.
D(6)(e) Unknown heirs or persons. If service cannot be made by
another method described in this section because defendants are
unknown heirs or persons as described in sections I and J of Rule
20, the action shall proceed against the unknown heirs or persons
in the same manner as against named defendants served by
publication and with like effect; and any such unknown heirs or
persons who have or claim any right, estate, lien, or interest in
the property in controversy, at the time of the commencement of
the action, and served by publication, shall be bound and
concluded by the judgment in the action, if the same is in favor
of the plaintiff, as effectively as if the action was brought
against such defendants by name.
D(6)(f) Defending before or after judgment. A defendant against
whom publication is ordered or such defendant's representatives,
on application and sufficient cause shown, at any time before
judgment, shall be allowed to defend the action. A defendant
against whom publication is ordered or such defendant's
representatives may, upon good cause shown and upon such terms as
may be proper, be allowed to defend after judgment and within one
year after entry of judgment. If the defense is successful, and
the judgment or any part thereof has been collected or otherwise
enforced, restitution may be ordered by the court, but the title
to property sold upon execution issued on such judgment, to a
purchaser in good faith, shall not be affected thereby.
D(7) Defendant who cannot be served. A defendant cannot be
served with summons by any method specified in subsection D(3) of
this rule if the plaintiff attempted service of summons by all of
the methods specified in subsection D(3) and was unable to
complete service, or if the plaintiff knew that service by such
methods could not be accomplished.
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