Rule 4.Jurisdiction (Personal)
Current through June 1, 2026 · Last verified July 11, 2026
Full Text of Rule 4
Amendment History
[CCP 12/2/78; § K amended by 1979 c.284 § 8; § M amended by CCP 12/13/80; § E amended by CCP 12/10/88 and 1/6/89; § K(3) amended by 1993 c.33, § 364 11/4/93; § J amended by 1995, c.79 § 401 9/9/95; § K amended by 1995, c.608, § 40 9/9/95; § K amended by 2003, c.14 § 13 eff. 1/1/04; § K amended by 2017, c.651 § 49 (SB 512), eff 1/1/2018]
Plain-English Summary
Rule 4 answers a question every civil case must answer before it can proceed: does an Oregon court have authority over this particular defendant? Subject-matter jurisdiction alone is not enough — the court also needs personal jurisdiction over the defendant, established once that defendant has been served under Rule 7. Rule 4 lists the many independent grounds on which that authority can rest, running from a defendant being present in Oregon when served all the way to a catch-all provision reaching as far as the Oregon and United States Constitutions allow.
The grounds fall into two broad groups. Section A covers defendants with a general connection to Oregon — a natural person present in the state when served, someone domiciled here, a corporation formed under Oregon law, a defendant carrying on substantial and regular activity in the state, or a defendant who has agreed to be sued here. Any of those connections supports jurisdiction over any claim, whether or not that particular claim has anything to do with Oregon. Sections B through K work differently: section B lets other Oregon statutes or rules supply their own grounds for jurisdiction, and sections C through K each tie jurisdiction to a specific kind of Oregon connection — an act or omission here, an injury here traceable to conduct elsewhere, a contract for local services or goods, local property, conduct as an officer or director of an Oregon corporation, local taxes, an insurance risk located here, securities activity, or family-law ties to the state. Section N makes the difference concrete: when jurisdiction rests on one of these narrower grounds, a plaintiff cannot add an unrelated claim against the same defendant unless that claim also has its own jurisdictional footing.
Section L is the safety net beneath all of it: even when a case does not fit neatly into sections B through K, an Oregon court can still hear it if exercising jurisdiction would not be inconsistent with the Oregon Constitution or the United States Constitution — in practice, the outer boundary due process allows. Section M extends the same grounds to actions against a personal representative, standing in for a deceased defendant who could have been sued here while alive. And section O defines “defendant” broadly for this rule and for Rules 5 and 6 alike — anyone subject to the court’s jurisdiction, not just the party named first in the caption.
Frequently Asked Questions
What is the difference between the “general” and “specific” jurisdiction grounds in Rule 4?
Section A covers connections that are strong enough to support jurisdiction over any claim against a defendant, regardless of whether that claim has anything to do with Oregon — a person present or domiciled in the state, a corporation formed here, substantial ongoing activity here, or express consent. Sections B through K work differently: each ties jurisdiction to a specific Oregon connection, so the claim being sued on has to be the one that grew out of that connection. Section N enforces the line by barring a plaintiff from tacking an unrelated claim onto a case that relies on sections B through L, unless the added claim has its own jurisdictional basis.
Can an Oregon court have jurisdiction over a defendant who has never been physically present in the state?
Yes. Sections C through K extend jurisdiction to defendants based on conduct connected to Oregon rather than physical presence — an out-of-state act that injures someone here, a contract for services or goods tied to the state, Oregon property, an insurance risk located here, and more. Section L goes further still, reaching any case where exercising jurisdiction would not be inconsistent with the Oregon or United States Constitutions, even if none of the more specific categories applies.
Does agreeing to be sued in Oregon create jurisdiction even without any other connection to the state?
Yes. Section A(5) lists express consent to personal jurisdiction as its own independent ground, alongside presence, domicile, incorporation, and substantial in-state activity. A defendant who agrees to Oregon jurisdiction — through a contract clause or otherwise — can be sued here on that basis alone.
If a court has jurisdiction over one claim, can a plaintiff add other, unrelated claims against the same defendant?
Not automatically. Section N says that when jurisdiction depends on sections B through L — the narrower grounds outside section A’s general connections — a plaintiff cannot join an unrelated claim against that defendant unless the added claim has its own basis for personal jurisdiction under this rule or another rule or statute. This restriction does not apply to the general grounds in section A, since a defendant present, domiciled, incorporated, or doing substantial business in Oregon is already subject to jurisdiction for any claim.
Is a corporation formed in Oregon automatically subject to jurisdiction here for out-of-state disputes?
Yes. Section A(3) treats incorporation under Oregon law the same way it treats a natural person’s domicile in the state — a connection strong enough to support jurisdiction over any claim against the corporation, whether or not that claim arose from Oregon activity.
What if a case does not fit any of Rule 4’s listed categories?
Section L acts as a backstop. Even when a case does not satisfy sections B through K, an Oregon court can still exercise jurisdiction if doing so would not be inconsistent with the Oregon Constitution or the United States Constitution — in effect, the constitutional outer limit on personal jurisdiction rather than a specific factual category.
Does Rule 4 address jurisdiction in divorce or child-support cases?
Yes. Section K gives Oregon courts jurisdiction over certain marital and domestic relations matters: status actions such as dissolution, when the plaintiff resides in or is domiciled in Oregon; enforcement of support obligations arising under Oregon family law, when the spouses have maintained residences in Oregon — together or separately — for at least six months, provided the action is filed within one year after the party who left Oregon established a residence or domicile elsewhere; and parentage proceedings, when the act of intercourse that resulted in the child’s birth is alleged to have taken place in Oregon. These grounds apply alongside, not instead of, the general and specific grounds described elsewhere in the rule.