How to Serve (Deliver) Legal Papers in Oregon

There is a new Multnomah County Circuit Court, Family Court FAQ guide on “How to Serve (Deliver) Legal Papers in Oregon.” (We thank Judge McKnight and her family law team* for this guide! They say “[i]t was developed for family law cases but we included Plaintiff/Defendant terms so that usage could be general.“)

Link from Multnomah County Circuit Court, Family Court website, if that direct PDF link is not working. Today the FAQ number is 23, but that could change as new tips and answers to questions are added.

You will need to refer to the Oregon Rules of Civil Procedure, which are referenced in this guide. You can find the ORCP at the OJD Court Rules website or link directly to them at the Legislature’s ORCP website. (For the most recent proposed and adopted ORCP rules, visit the Council on Court Procedures website.)

*The booklet was written by the Self-Representation Subcommittee of the State Family Law Advisory Committee for the Oregon Judicial Department in June 2015.

Superseded Oregon Revised Statutes 1953-1993: Update

The Oregon Legislature (via Legislative Counsel) has now posted all the superseded ORS volumes we scanned (1953-93). They already have 1999-2011 ORS.

Note: It’s not very easy to find the 1953-93 archives because you have to click on some very tiny print on a different screen in order to get there. Here are my instructions from a September 2014 Gutbuster blog post: Superseded ORS on the Oregon Legislature’s Website: 1953-1981:

…. Indirect link: Visit the ORS Archives 1999-2011 webpage and click on the text (in tiny print): “Older editions of the ORS are available here and more are being added as time and resources allow.

We’re still awaiting 1995 and 1997. The Legislature has those digital files and it’s only a matter of time before those show up on the website.

(Yes, there will be a few missing pages from the ORS volumes we scanned. We found a lot of those pages after combing through dozens of ORS duplicate sets and are only waiting for the end of the current Legislative Session to send them on. Legislative Counsel has enough on their plates right now.)

Grandparent Custody and Visitation Rights in Oregon: 2015 HB 3014

2015 House Bill 3014 signed by the Oregon Governor. (Keep an eye on OLIS to find the Oregon Laws Chapter number when it is assigned.)

See the Oregonian article: Oregon grandparents rights” by Amy Wang, 6/3/15:

Oregon Gov. Kate Brown has signed a bill that will maintain grandparents’ legal rights if parents’ legal rights are terminated.

Currently, if a child’s parents have their rights terminated, the child’s grandparents also lose their legal rights to be in the child’s life. House Bill 3014 redefines the word “grandparent” to mean “the legal parent of the child’s or ward’s legal parent, regardless of whether the parental rights of the child’s or ward’s legal parent have been terminated.” [Link to Oregonian article.]

Oregon Supreme Court: PERS Decision (4/30/15)

Moro v. State of Oregon, 357 Or 167 (S061452) (2015)

“.... Before Balmer, Chief Justice, and Kistler, Walters, Linder, Brewer, and Baldwin, Justices, and Haselton, Chief Judge of the Oregon Court of Appeals, Justice pro tempore.**

BALMER, C. J.
Brewer, J., concurred and filed an opinion. Oregon Laws 2013, chapter 53, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, are declared unconstitutional under Article I, section 21, of the Oregon Constitution insofar as they affect retirement benefits earned before May 6, 2013. Oregon Laws 2013, chapter 2, sections 1, 2, 3, 4, 5, and 6 (Special Session), are declared unconstitutional under Article I, section 21, of the Oregon Constitution insofar as they affect retirement benefits earned before October 8, 2013. Oregon Laws 2013, chapter 2, section 8 (Special Session) is declared void. Petitioners’ requests for relief challenging Oregon Laws 2013, chapter 53, sections 11, 12, 13, 14, 15, 16, and 17, are denied….” [Moro v State of Oregon]

Legal Information Services to the Public: Legal Research Toolkits for Public Librarians

From the AALL (American Association of Law Libraries), LISP (Legal Information Services to the Public) special interest section:

Public Library Toolkit:

“This is a toolkit meant to help public librarians understand the process of legal research, effectively develop and use the information located within their libraries, utilize information located outside their libraries, with the end goal of helping the patron locate the legal information they need ...”

Clark County, King County, and other Washington State County Law Libraries

We get a lot of calls for people who need to talk to a Washington STATE public law librarian. If you need to research Washington State law, don’t call us, call them:

Washington (State) County Law Libraries

Washington State Law Library

If you need to research Oregon law, do call us: Oregon Law Libraries

Where and How to Find an Oregon Criminal Record Report

Oregon State Police, Public Records Unit, Criminal History Record Checks

Warning: Be careful if you use a search engine to locate the Oregon criminal record check site, rather than drilling down from the most recent OSP homepage. Old versions of the page and instructions are still showing up in Google and other web browser searches.  Make sure you are looking at the most recent instructions. As of today, instructions were dated February 2015.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Animal Law at the Oregon Legislature: 18 March 2015

House Judiciary Committee: Informational Meeting and Possible Public Hearing on HB 2693, HB 2888, and HB 3468.
See Agenda (or the Committee Overview if rescheduled) and Video Links.

Overview of Animal Law
Jacob Kamins, State of Oregon Animal Cruelty Deputy District Attorney
Scott Heiser, Animal Legal Defense Fund Director of Criminal Justice Program

March 18, 2015
3:00 P.M.
HR 343
900 Court Street NE, Room 331, Salem, Oregon 97301
Phone: 503-986-1750
Email: mike.reiley@state.or.us

Oregon Sheriff’s Association Civil Process Manual, $350

Oregon State Sheriffs’ 2014 Civil Process Manual:

You can sometimes find this in your county law library.

Any attorney seeking to expand his or her knowledge working on matters involving civil process will benefit from this informative seventeen chapter civil process manual.

The Oregon State Sheriffs’ 2014 Civil Process Manual features topics of interest, including service and enforcement of various types of process, whether it be notice or enforcement process, effective service of orders, enforcement of pre-judgment and post-judgment remedies

  • Execution: The manual discusses the most current methods of executing on personal and real property based on a monetary judgment or a judgment of foreclosure.
  • Garnishment: Garnishment of financial institutions, individual companies, multiple debtors, and other issues
  • Process: Issuance of process, including writs of execution and writs of garnishment in justice courts or municipal courts – Registering judgments entered in lower courts
  • County Clerk Lien Record: The role of the Clerk County Lien Record on the enforcement of judgments and support orders
  • Writs/Orders of Assistance: Enforcement of writs of assistance and orders of assistance for the recovery of children
  • Enforcement of abuse restraining orders and stalking orders
  • Landlord/Tenant Actions
  • Concealed Handgun License chapter

Oregon “Cameras Up Skirts” Bill: 2015 HB 2596 (amending ORS 163.700)

Oregon 2015 House Bill (HB) 2596: “Provides that person who records another person’s intimate areas commits crime of invasion of personal privacy.

(Note: See also HB 2356, which “Provides that person who records another person’s intimate areas commits crime of invasion of personal privacy. Increases penalty for crime of invasion of personal privacy if defendant has certain prior convictions or person recorded is under 18 years of age.”)

I’m not sure how a mere mortal would find these bill numbers very efficiently, so here are a few keywords: intimate image, visual recording, undergarments, clothing, photographs, etc. Read on about HB 2596:

“ORS 163.700 is amended to read:

“Provides that person who records another person’s intimate areas commits crime of invasion of personal privacy.

Creates crime of unlawful dissemination of an intimate image. Punishes by maximum of one year’s imprisonment, $6,250 fine, or both for first offense, and five years’ imprisonment, $125,000 fine, or both for subsequent offense.

(c) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate areas without the consent of the person being recorded.
(2) As used in this section:
(a) “Intimate areas” means undergarments that are being worn by a person, are covered by clothing and are intended to be protected from being seen….” Read the full bill and any legislative history and budget impact reports that are generated….

Tip: Bills are rewritten during the legislative process. Sometimes multiple bills on a single topic are introduced in a legislative session.

And don’t forget to search for Senate bills on this subject, e.g. SB 188: Creates crime of unlawful dissemination of intimate image

Use OLIS to track current and previous Oregon Legislation. We like OLIS a lot (but really, really wish it went back further than 2007)!

If you’ve made it this far, here’s a link to the  Wikipedia article “Upskirting and Downblousing Around the World”