Oregon Civil Procedure Flashcards
In Oregon, which courts are the courts of original and general jurisdiction?
The Circuit Courts
What are the two requirements for an Oregon court to have personal jurisdiction over the ∆?
(1) Oregon law just grant PJ
(2) Oregon law must be constitutional
What are the three bases for PJ in Oregon?
(1) Consent
(2) Presence
(3) Long-arm statute
How may a ∆ consent to PJ in Oregon?
(1) Express consent - any verbal expression, including a forum-selection clause among the parties
(2) Implied:
- (a) failure to object to PJ in timely manner
When must a ∆ object to PJ?
(1) In his first response to the complaint, AND
(2) w/in 30 days of service of process
What are the three forms of presence that may subject a ∆ to PJ?
(1) Actual presence - ∆ served while in Oregon
(2) Domicile - ∆’s true home is in Oregon
(3) “Doing Business” - ∆ regularly, systematically, and continuously does in-state business such that ∆ is effectively “AT HOME” in Oregon
What are the elements (with details) of Oregon’s long-arm statute?
LIMIT
(1) Land - ∆ owns, uses, or possesses land in Oregon from which the lawsuit derives
(2) Injury: π’s injuries are from ∆’s tort committed while inside Oregon, OR ∆ has substantial activities in Oregon and π was injured by ∆’s tort
(3) Matrimony - (details on own card)
(4) Insurance: ∆’s insurance is protecting a risk located in Oregon, and lawsuit derives from that risk
(5) Transaction: lawsuits derives from ∆’s transaction that was entered into in Oregon or to be performed in Oregon.
What is the trick to remembering the elements of Oregon’s long-arm statute?
LIMIT
Land Injury Matrimony Insurance Transaction
What are the rules of Oregon’s long-arm statute regarding matrimony?
(1) If π wants non-matrimonial decree and π lives in Oregon, court has PJ over ∆
(2) If π wants MONEY, court has PJ IF:
- (a) π domiciled in Oregon,
- (b) ∆ was domiciled in Oregon for at least six months, and
- (c) π sues w/in one year of ∆ leaving Oregon
If the Oregon long-arm statute grants PJ, what is the next step in analysis?
Oregon law must be constitutional.
What are the constitutional requirements of PJ?
PJ Constitutional IF:
(1) ∆ engaged in such MINIMUM CONTACTS that it would NOT BE UNFAIR to make it defend an action in Oregon
(in other words)
(2) ∆ has PURPOSELY AVAILED itself to benefits of Oregon
(in other words)
(3) ∆ targeted consumers in Oregon
(in other words)
(4) Oregon has a substantial relationship to the lawsuit.
Who may serve process?
Any non-party over the age of 18
When must process be served on a ∆ in Oregon?
Process must be served w/in 60 days of filing suit.
What are the two steps to analyzing whether service of process was proper?
(1) Must be proper under Oregon law, and
(2) must be constitutional
What are the six methods proper service of process in Oregon? (list)
(1) Abode
(2) Mail
(3) Office
(4) Personal
(5) Entity-Service
(6) Publication
What are the rules for proper abode service?
Authorized process served must:
(1) leave process at ∆’s last and usual abode w/ a 14 year old or older residing therein, AND
(2) send 1st Class mail delivery to the same address
What is the proper method for mail service in Oregon?
(1) Send “evidenced” mail, AND
(2) First class mail
What is the proper method for office service in Oregon
(1) Leave process at ∆’s business office w/ somebody apparently in charge during normal business hours, AND
(2) 1st class mail to ∆’s home or office
What is the proper method for personal service in Oregon?
(1) Personal in-hand delivery directly to the ∆
How may an entity be properly served process?
(1) Personal/office service on any authorized, registered, or managing agent or officer, or director, or general partner (for partnerships)
What are the rules regarding proper service of process by publication?
(1) π must file a motion to publish and include an affidavit swearing that the ∆ cannot be otherwise served
(2) The court has discretion to allow publication
(3) If court allows, then the publication must be for 1x/week for 4 weeks
What is the constitutional standard for service of process?
Service must be “reasonably calculated to apprise interested parties of litigation”
Where is venue proper in Oregon courts?
Venue proper in a county where:
(1) Any ∆ resides, is doing business, has an office, or has an agent acceptable to receive process residing, OR
(2) where the cause of action arose or property at issue is located
What are the exceptions to the general venue rules in Oregon courts?
(1) If no ∆ resides in Oregon, any county is proper.
(2) For cases surrounding REAL PROPERTY, the only proper venue is the county where the land is located.
What are the requirements for a ∆ to properly object to venue?
(1) ∆ must file affidavit requesting transfer
(2) BEFORE the Answer is filed.
New venue will be granted at court’s discretion for convenience and interest of justice.
What are the requirements of the Complaint?
MUST CONTAIN:
“ultimate facts that constitute a claim for relief”
May the parties amend their pleadings?
Prior to Response: absolute right to amend pleading once.
After response is served: Amendments shall be “freely granted by the court to do justice and serve the merits” (so long as SOL hasn’t run out)
When will a new claim against an existing party “relate back” to conform to the SOL?
Will relate back IF:
new claim derives from the same “transaction or occurrence.”
When will a claim against a new party to the suit “relate back” to conform to the SOL?
Claim against new party relates back IF:
(1) same transaction/occurrence, AND
(2) new party acquired knowledge (prior to SOL running) that but for mistake, it would have been sued
What is the statute of limitations for a personal injury tort in Oregon?
2 years from the discovery of the injury.
