18. What is Service by Publication?
Another method of Alternative Service is called service by publication. This
method of service involves publishing a Summons in a generally-read
newspaper in the county where the case is pending and/or in the locality where
the Defendant/Respondent lives. The Judge will specify what newspaper should be
used. Newspapers charge a fee for publishing this notice. To serve by publication, you need court
approval first. See # 16 above. If the Court allows this method, you will need to make your own
arrangements with the newspaper to publish the Summons. Usually, the Summons is published
once a week for four weeks.
When the publishing period is over, you will need to obtain an affidavit (sworn statement) from the
newspaper staff person swearing that the Summons was published and for how long (on which
dates). Many newspapers have forms they prepare themselves for this purpose. No matter who
prepares the affidavit, it is the filing party’s responsibility to make sure this proof of service is filed
with the court.
For family law cases, court forms are available on the court’s website to ask for an Order Allowing
Alternative Service. See the Resources on page 11.
19. What if the Defendant/Respondent is in jail or prison?
If the Defendant/Respondent in your case is in custody, the only methods of
service likely to work are having a deputy sheriff or prison/jail employee serve
the papers. You can contact the particular correctional facility to find out what
the practice is there and what fee, if any applies. If service will be done by an
Oregon deputy sheriff, your fee waiver or deferral from an Oregon judge should cover this step.
Check with the facility to see if there is a charge if a correctional officer serves the papers.
If you are serving a Defendant/Respondent who is in jail or prison outside of Oregon or in a federal
or tribal facility, you will need to contact the jail administration office or the sheriff in the county where
the facility is located for information on how service can be done.
As in any situation, you will need to make sure that the person or deputy doing the service prepares
a “proof of service” document setting out the details about service. Deputies often have their own
form and may sometimes mail it to the court without notice to you. You may need to check court
records, or back with the deputy, to find out if service was done and if proof of service was filed.
20. What if the Defendant/Respondent lives in another country?
Even if the Respondent is willing to accept service (see #9, above), this is a situation
in which you will need to get an attorney’s advice. Depending on the country, there
could be extra or different steps required for service. It is best to get an attorney’s
help with this.
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