Rule 6.Jurisdiction (Without Service)

Ordinarily, an Oregon court needs a summons served on a party before it can exercise jurisdiction over that party. Rule 6 describes two situations where that step is not needed. First, if a party has already commenced an action in Oregon, the court can exercise jurisdiction over that same party with respect to any counterclaim the defendant asserts back against them — having chosen to sue in Oregon, that party does not need to be separately served to answer for a counterclaim arising in the same case. Second, the court can exercise jurisdiction over anyone who appears in the action and waives the defenses of lack of personal jurisdiction, insufficient summons or process, or insufficient service of summons or process, in the manner Rule 21G describes.

The rule also protects a narrower kind of appearance. When a court is exercising in rem jurisdiction under Rule 5 — authority over property or a status rather than over a person — a defendant can appear and defend the case on the merits without that appearance alone subjecting the defendant to full personal jurisdiction. That lets someone with an interest in the property at stake contest the case without giving up their objection to being personally hauled into an Oregon court on any other basis.