ORS § 105.113

Current through 2024 Regular Session legislation effective June 6, 2024
Section 105.113 - Form of summons
(1) Notwithstanding ORCP 7, for premises to which ORS chapter 90 or ORS 91.120 applies, the summons must be in substantially the following form and be available from the court clerk:

______________________________________________________________________________

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

No. _____

SUMMONS

RESIDENTIAL EVICTION

PLAINTIFF (Landlord or agent):

___________________________

___________________________

vs.

DEFENDANT (Tenants/Occupants):

___________________________

___________________________

TO: _______________ (Street address and city of property occupied by defendant)

_______________ (Mailing address if different)

NOTICE TO TENANTS:

READ THESE PAPERS CAREFULLY

YOUR LANDLORD WANTS TO

EVICT YOU

ON _________, 2_____ AT _____ A.M./P.M., you must come to the County Court House located at _________. You do not have to pay any fees to the court for this first hearing.

. If you do not appear in court and your landlord does, your landlord will win automatically and can have the Sheriff physically remove you.

* If you do show up in court and your landlord does not, this eviction action will be dropped.

* If both of you show up:

* The judge may ask you to try to reach an agreement with your landlord, but this is voluntary. Trained mediators may be available free of charge to help resolve disputes.

* The court will schedule a trial if you and your landlord do not reach an agreement or if you do not agree to move out.

IF YOU WANT A TRIAL, YOU MUST:

* Show up in court at the time scheduled above;

* On the same day, file an Answer with the Court giving a legal reason why you should not be evicted (the Court can give you a form);

* Give a copy of the Answer to your landlord (or your landlord's agent or attorney); and

* Pay a filing fee of $_____ (the judge may allow payment to be deferred in certain circumstances).

IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you need help finding an attorney, you can contact the Oregon State Bar's Lawyer Referral Service online at ____________ (current website) or by calling ____________ (current phone numbers).

___________________________

Signature of Plaintiff (landlord or agent)

Plaintiff's address:

___________________________

___________________________

Plaintiff's telephone number: _________

______________________________________________________________________________

(2) Except as provided in ORS 408.515 (3), the information required under ORS 408.515 must be included with the summons.

ORS 105.113

Amended by 2020SP3 Ch. 3, § 20, eff. 12/23/2020, op. 7/1/2021.
Amended by 2020SP3 Ch. 3, § 13, eff. 12/23/2020, op. 1/1/2021.
Amended by 2019 Ch. 405, § 4, eff. 1/1/2020.
Amended by 2017 Ch. 252, § 26, eff. 6/6/2017.
2001 c.596 §8; 2011 c. 398, § 4