ORCP 9A

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

NOTES OF DECISIONS

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)

ORCP 9B

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

NOTES OF DECISIONS

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)

ORCP 9C

NOTES OF DECISIONS

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

ORCP 9D

See annotations under ORS 16.860 in permanent edition.

ORCP 9E

NOTES OF DECISIONS

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)