Summons Residential Eviction (Page 2 of 2) in pdf

NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY

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

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.

SUMMONS (RESIDENTIAL EVICTION) – Page 2 of 2

FC (12/16/11)

Summons Residential Eviction Page 2