Free Residential (summons form - Oregon

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE THIRD JUDICIAL DISTRICT PLAINTIFF (Landlord or agent): ) ) Name: _______________________________________ ) ) vs. ) ) DEFENDANT (Tenants/Occupants): ) ) Name: _______________________________________ ) To:

SUMMONS
RESIDENTIAL EVICTION

Case No. ________________________

___________________________________________________________________________
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 __________________, 20_____ AT ____________ A.M./P.M., you must come to the Marion County Courthouse located at 100 High St. NE, Salem, Oregon. 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 are 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 - and an answer is filed. 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 by close of business (5:00 pm) 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 $109.00 (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, please call the Oregon State Bar's Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636. ____________________________________________________________________________________________________ Plaintiff or Agent (signature) Print Name OSB ____________________________________________________________________________________________________ Address City State Zip Telephone Number I certify that this is a true copy of the original Summons in the entitled action. ___________________________ Date By: ______________________________________ Trial Court Administrator/Clerk/Notary

EVT# _______

SUMMONS (RESIDENTIAL EVICTION) ­ Page 1of 2

FC(9/1/07)

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY

NOTE: ORS 105.137, in case of a dwelling unit to which ORS Chapter 90 applies:

1.

If the plaintiff appears and the defendant fails to appear at the first appearance, a default judgment shall be entered against the defendant in favor of the plaintiff for possession of the premises and cost and disbursements. If the defendant appears and the plaintiff fails to appear the first appearance, an order shall be entered dismissing the complaint and awarding costs and disbursements against the plaintiff in favor of the defendant. An attorney at law shall be entitled to appear on behalf of any party, but no attorney fees may be awarded if the defendant does not contest the action. The plaintiff or an agent of the plaintiff may obtain a continuance of the action for as long as the plaintiff or an agent of the plaintiff deems necessary to obtain the services of an attorney at law. If both parties appear in Court on the date contained in the summons, the Court shall set the matter for trial as soon as practicable, unless the Court is advised by the parties that the matter has been settled. The trial shall be scheduled not later than 15 days from the date of such appearance. If the matter is not tried within the 15-day period, and the delay in trial is not attributable to the landlord, the Court shall order the defendant to pay rent that is accruing into Court, provided the Court finds after hearing that entry of such an order is just and equitable. The Court shall permit an unrepresented defendant to proceed in trial by directing the defendant to file an answer in writing on a form which shall be available from the Court Clerk, and to serve a copy upon the plaintiff on the same day as the first appearance. If an unrepresented defendant files an answer as provided in Subsection (6) of this Section, the answer shall not limit the defenses available to the defendant at trial under ORS Chapter 90. If such a defendant seeks to assert at trial a defense not fairly raised by the answer, the plaintiff shall be entitled to a reasonable continuance for the purpose of preparing to meet the defense.

2.

3.

4.

5.

6.

7.

SUMMONS (RESIDENTIAL EVICTION - Page 2 of 2

FC (9/1/07)