ORS § 105 § 105.135
Service and return of summons; posting; contents; use of facsimile.
Operative Text
(1) Except as provided in this section, the summons shall be served and returned as in other actions. (2)(a) The clerk shall calculate the first appearance, which shall be: (A) Seven days after the judicial day next following payment of the filing fees; or (B) If the claim for possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days after the judicial day next following payment of the filing fees. (b) The clerk may delay the first appearance by up to seven days to accommodate dates on which a judge is unavailable to conduct the first appearance and, if possible, to accommodate dates that the plaintiff has indicated unavailability. (c) The clerk shall enter the first appearance date on the summons. (d) If the claim for possession is based on nonpayment as defined in ORS 90.395, the clerk shall include as part of the summons a copy of the notice described in ORS 105.136. (3) Notwithstanding ORCP 10, by the end of the judicial day next following the payment of filing fees: (a) The clerk shall mail the summons and complaint by first class mail to the defendant at the premises. (b) The process server shall serve the defendant with the summons and complaint at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the summons and complaint in a secure manner to the main entrance to that portion of the premises of which the defendant has possession. (4) A sheriff may serve a facsimile of a summons and complaint that is transmitted to the sheriff by a trial court administrator or another sheriff by means of facsimile communication. A copy of the facsimile must be attached to the sheriff’s return of service. Before transmitting a summons and complaint to a sheriff under this subsection, the person sending the facsimile must receive confirmation by telephone from the sheriff’s office that a telephonic facsimile communication device is available and operating. (5) The process server shall indicate the manner in which service was accomplished by promptly filing with the clerk a certificate of service as provided by ORCP 7 F(2)(a). (6) In the case of premises to which ORS chapter 90 applies, the summons shall inform the defendant of the procedures, rights and responsibilities of the parties as specified in ORS 105.137. [Amended by 1975 c.256 §11; 1977 c.327 §1; 1979 c.854 §2; 1981 c.753 §11; 1983 c.303 §6; 1983 c.581 §3; 1985 c.588 §14; 1995 c.559 §48; 1997 c.577 §33; 2007 c.255 §3; 2017 c.252 §27; 2023 c.13 §60]
ORS § 105.135 governs how summons documents are served and processed in Oregon eviction (forcible entry and detainer) cases. The court clerk calculates a first-appearance date — generally seven days after the judicial day following filing-fee payment, or fifteen days for nonpayment-of-rent cases under ORS 90.392 or 90.394 — and enters that date on the summons. The clerk must mail the summons and complaint to the defendant at the premises by first-class mail, while a process server must also attempt personal delivery or, if the defendant is unavailable, post the documents securely at the main entrance of the defendant's portion of the premises, all by the end of the judicial day following fee payment.
Plain English — not legal advice.
Under ORS § 105.135, a landlord initiating an eviction action should be aware that the court clerk — not the landlord — sets the first-appearance date and handles mailing of the summons and complaint to the tenant at the rental premises. Compliant operators ensure that filing fees are paid promptly, since the statutory timelines for service and the first appearance are triggered by that payment date. For nonpayment-of-rent cases brought under ORS 90.392 or 90.394, landlords should note that the first-appearance window extends to fifteen days and that the summons will include the additional notice required by ORS 105.136.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 105.135 requires that tenants in eviction proceedings receive the summons and complaint both by first-class mail and by personal delivery or posting at their door, giving them notice of the court date before they must appear. In nonpayment cases defined under ORS 90.395, the summons must also include a copy of the notice described in ORS 105.136, and the summons itself must inform tenants of their procedural rights and responsibilities under ORS 105.137. Tenants who believe proper service was not completed as required by ORS § 105.135 may raise that issue in court proceedings or seek guidance from a tenant-rights organization familiar with Oregon eviction procedure.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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