See also annotations under ORS 16.140, 16.770 and 16.810 in permanent edition.




      Court erred in vacating judgment for separation based on husband’s failure to properly serve amended petition on wife in accordance with this section without resolving factual issue of wife’s actual knowledge for purposes of ORCP 7G. Mannix and Mannix, 97 Or App 395, 776 P2d 873 (1989)




      See also annotations under ORS 16.780 to 16.800 in permanent edition.




Under former similar statute (ORS 16.800)


      Where service of notice on attorney was attempted by certified mail but notice went undelivered due to refusal to sign delivery receipt, service was complete. State v. DeSautel, 30 Or App 157, 566 P2d 922 (1977), Sup Ct review denied


In general


      Where father’s motion in proceeding concerning visitation, personally served on mother, did not request that she be held in contempt, she was not given notice as required by this Rule and court had no authority to issue order of contempt. Yowman and Yowman, 79 Or App 43, 717 P2d 1243 (1986)


      This Rule specifies manner of service that is impervious to collateral attack and importance of strict compliance with Rule is not negated by application of ORCP 12B (defects not affecting substantial rights of adverse parties). Murray v. Meyer, 81 Or App 432, 725 P2d 947 (1986), Sup Ct review denied


      For service by delivery to be proper, appellant or appellant’s agent must have taken action that led to delivery. Gadda v. Gadda, 341 Or 1, 136 P3d 1099 (2006)


      Where defendants resided out of state, and out-of-state address was proper address for substituted service, then defendants authorized third party to file answer and used third party’s address in authorization instead of out-of-state address, third party’s address was “last known address” for purposes of this rule because it was most recent place at which plaintiff knew defendants could be communicated with. Union Lumber Co. v. Miller, 360 Or 767, 388 P3d 327 (2017)


      Service not completed when served on attorney who no longer represented party being served, even when opposing counsel believed at time of service that attorney still represented party to be served. Wells Fargo Bank, N.A. v. Jasper, 289 Or App 610, 411 P3d 388 (2017)






      Where discovery documents are served on requesting party, failure to file copy of documents with court is generally not subject to same sanction applicable for failure to serve documents. Heiner v. Porter, 164 Or App 508, 994 P2d 1199 (1999)


      Offer of judgment that is not accepted does not terminate subsequent attorney fees under ORCP 54E unless filed as provided in this section. Wilmoth v. Ann Sacks Tile and Stone, Inc., 224 Or App 315, 197 P3d 567 (2008), Sup Ct review denied




      See annotations under ORS 16.860 in permanent edition.






      Delivery of motion to trial court secretary instead of clerk of court did not constitute filing. Averill v. Red Lion, 118 Or App 298, 846 P2d 1203 (1993), Sup Ct review denied, modified 120 Or App 232, 851 P2d 1156 (1993)






      Taxpayer’s courtesy e-mail to Department of Revenue of notice of intent to appeal without prior written agreement to accept service by e-mail was not valid service because legislative intent to prohibit service by e-mail absent certain conditions requires actual compliance with this section. Ann Sacks Tile and Stone, Inc. v. Dept. of Revenue, 352 Or 380, 287 P3d 1062 (2012)