Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 69 sets the two-step Oregon default process — an order of default against a party who was served but never appeared or defended, then a motion for judgment by default — with added protections for servicemembers, minors, incapacitated parties, and certain motor vehicle defendants.
(1)When a party against whom a judgment for affirmative relief is sought has been served with summons pursuant to Rule 7 or is otherwise subject to the jurisdiction of the court and has failed to appear by filing a motion or answer, or otherwise to defend as provided in these rules or applicable statute, the party seeking affirmative relief may apply for an order of default and a judgment by default by filing motions and affidavits or declarations in compliance with this rule.
(2)The provisions of this rule apply whether the party entitled to an order of default and judgment by default is a plaintiff, a third party plaintiff, or a party who has pleaded a counterclaim or cross-claim.
(3)In all cases a judgment by default is subject to the provisions of Rule 67 B.
B.INTENT TO APPEAR; NOTICE OF INTENT TO APPLY FOR AN ORDER OF DEFAULT
(1)For the purposes of avoiding a default, a party may provide written notice of intent to file an appearance to a plaintiff, counterclaimant, or cross-claimant.
(2)If the party against whom an order of default is sought has filed an appearance in the action, or has provided written notice of intent to file an appearance, then notice of the intent to apply for an order of default must be filed and served at least 10 days, unless shortened by the court, prior to applying for the order of default. The notice of intent to apply for an order of default cannot be served before the time required by Rule 7 C(2) or other applicable rule or statute has expired. The notice of intent to apply for an order of default must be in the form prescribed by Uniform Trial Court Rule 2.010 and must be filed with the court and served on the party against whom an order of default is sought.
(1)The party seeking default must file a motion for order of default. That motion must be accompanied by an affidavit or declaration to support that default is appropriate, and must contain facts sufficient to establish the following:
(a)that the party to be defaulted has been served with summons pursuant to Rule 7 or is otherwise subject to the jurisdiction of the court;
(b)that the party against whom the order of default is sought has failed to appear by filing a motion or answer, or otherwise to defend as provided by these rules or applicable statute;
(c)whether written notice of intent to appear has been received by the movant and, if so, whether written notice of intent to apply for an order of default was filed and served at least 10 days, or any shortened period of time ordered by the court, prior to filing the motion;
(d)whether, to the best knowledge and belief of the party seeking an order of default, the party against whom judgment is sought is or is not incapacitated as defined in ORS 125.005, a minor, a protected person as defined in ORS 125.005, or a respondent as defined in ORS 125.005; and
(e)whether the party against whom the order is sought is or is not a person in the military service, or stating that the movant is unable to determine whether or not the party against whom the order is sought is in the military service as required by the Servicemembers Civil Relief Act, 50 U.S.C. section 3901, et seq.
(2)If the party seeking default states in the affidavit or declaration that the party against whom the order is sought:
(a)is incapacitated as defined in ORS 125.005, a minor, a protected person as defined in ORS 125.005, or a respondent as defined in ORS 125.005, an order of default may be entered against the party against whom the order is sought only if a guardian ad litem has been appointed or the party is represented by another person as described in Rule 27; or
(b)is a person in the military service, an order of default may be entered against the party against whom the order is sought only in accordance with the Servicemembers Civil Relief Act.
(3)The court may grant an order of default if it appears that the motion and affidavit or declaration have been filed in good faith and that good cause is shown that entry of the order is proper.
(1)A party seeking a judgment by default must file a motion, supported by affidavit or declaration. Specifically, the moving party must show:
(a)that an order of default has been granted or is being applied for contemporaneously;
(b)what relief is sought, including any amounts due as claimed in the pleadings;
(c)whether costs, disbursements, and/or attorney fees are allowable based on a contract, statute, rule, or other legal provision, in which case a party may include costs, disbursements, and attorney fees to be awarded pursuant to Rule 68.
(2)The form of judgment submitted must comply with all applicable rules and statutes.
(3)The court, acting in its discretion, may conduct a hearing, make an order of reference, or make an order that issues be tried by a jury, as it deems necessary and proper, in order to enable the court to determine the amount of damages, to establish the truth of any averment by evidence, or to make an investigation of any other matter. The court may determine the truth of any matter upon affidavits or declarations.
E.CERTAIN MOTOR VEHICLE CASES No order of default may be entered against a defendant served with summons pursuant to Rule 7 D(4)(a)(i) unless, in addition to the requirements in Rule 7 D(4)(a)(i), the plaintiff submits an affidavit or a declaration showing:
(1)that the plaintiff has complied with Rule 7 D(4)(a)(i);
(2)whether the identity of the defendant's insurance carrier is known to the plaintiff or could be determined from any records of the Department of Transportation accessible to the plaintiff; and
(3)if the identity of the defendant's insurance carrier is known, that the plaintiff not less than 30 days prior to the application for an order of default mailed a copy of the summons and the complaint, together with notice of intent to apply for an order of default, to the insurance carrier by first class mail and by any of the following: certified, registered, or express mail, return receipt requested; or that the identity of the defendant's insurance carrier is unknown to the plaintiff.
F.SETTING ASIDE AN ORDER OF DEFAULT OR JUDGMENT BY DEFAULT For good cause shown, the court may set aside an order of default. If a judgment by default has been entered, the court may set it aside in accordance with Rule 71 B and Rule 71 C.
Amendment History
[CCP 12/13/80; § B amended by 1981 c.898 § 8; amended by CCP 12/13/86; §§ A, B(2) amended by CCP 12/10/88 and 1/6/89; § B amended by CCP 12/15/90; amended by CCP 12/12/92; § B amended by 1995 c.79 § 406 and 1995 c.664 § 101 ; § C deleted and §§ D, E, F redesignated by CCP 12/10/94; § A amended by CCP 12/14/96; § B amended by 2000 c.418 § 1 eff. 1/1/2002; §§ A, B amended by 2003 c.194 § 14 eff. 1/1/04; § B amended by CCP 12/9/06, eff. 1/1/08; §§ A, B amended by CCP 12/13/09 eff. 1/1/10; amended by CCP 12/11/10 eff. 1/1/12; §§ B, C amended by CCP 12/6/14, eff. 1/1/2016; § C amended by 2017 c.17 § 2 eff. 1/1/18; § C(1)(e) amended by 2019 c. 13 § 2 (SB 355), eff. 1/1/20; §§ C-F amended by CCP 12/10/22, eff. 1/1/2024.]
Plain-English Summary
A default under Rule 69 starts with a party who was served with summons, or is otherwise subject to the court’s jurisdiction, and who has not answered, moved, or otherwise defended. The party seeking relief moves first for an order of default. A prospective defendant can head that off by sending written notice of intent to appear; and once a party has appeared or sent that notice, the party seeking default must, in turn, give its own written notice of intent to apply for the order at least 10 days before filing that application, unless the court shortens that period. The motion for the order of default must be backed by an affidavit or declaration covering service and jurisdiction, the failure to appear or defend, whether any notice of intent to appear was received and answered with the required 10-day notice, and two protected-status questions: whether the party is a minor, an incapacitated or protected person, or someone needing a guardian ad litem under Rule 27, and whether the party is in military service under the Servicemembers Civil Relief Act. A “yes” to either one means default can only proceed with a guardian ad litem in place or in compliance with that federal statute. The court grants the order once it is satisfied the request was made in good faith and good cause supports it.
Getting the order of default is only half the process. The party seeking judgment must file a second motion, backed by its own affidavit or declaration, showing that an order of default has been granted or is being sought at the same time, what relief and what amount are due under the pleadings, and whether costs, disbursements, or attorney fees can be claimed too, which they may under Rule 68. The court can rule on the papers, or, at its discretion, hold a hearing, refer the matter, or send the damages question to a jury to pin down the amount or verify what is claimed. Every default judgment remains subject to the limited-judgment rules in Rule 67 B. Motor vehicle cases served through the state’s substitute-service provision carry extra safeguards: the plaintiff must show compliance with that service rule, disclose whether the defendant’s insurance carrier is known or discoverable through Department of Transportation records, and, if it is known, show that the carrier received mailed notice of the summons, complaint, and intent to seek default at least 30 days before the default application went in. Finally, an order of default can be set aside for good cause, and a default judgment already entered can be set aside under Rule 71’s relief-from-judgment procedures.
Frequently Asked Questions
What are the two steps to getting a default judgment in Oregon?
First, the party seeking relief moves for an order of default under Rule 69 C, supported by an affidavit or declaration. Second, once the order of default is granted or applied for, that party files a separate motion for judgment by default under Rule 69 D.
Do I have to warn the other side before applying for an order of default?
Only if the party against whom default is sought has already appeared in the case or sent written notice of intent to appear. In that situation, Rule 69 B(2) requires written notice of intent to apply for an order of default, filed and served at least 10 days before applying, unless the court shortens that period.
What happens if the defendant is in the military?
Rule 69 C(2)(b) allows an order of default against a person in military service only in accordance with the Servicemembers Civil Relief Act.
Can I recover attorney fees and costs as part of a default judgment in Oregon?
Yes, if they are allowable under a contract, statute, rule, or other legal provision. Rule 69 D(1)(c) lets the moving party include costs, disbursements, and attorney fees to be awarded under Rule 68.
How can a default order or default judgment be undone in Oregon?
An order of default may be set aside for good cause shown. A default judgment that has already been entered may be set aside under Rule 71 B and Rule 71 C.
Are there special requirements for defaulting a motor vehicle defendant in Oregon?
Yes. Rule 69 E requires the plaintiff to show compliance with the applicable service rule, disclose whether the defendant’s insurance carrier is known or discoverable, and, if it is known, show that the carrier was mailed notice of the summons, complaint, and intent to apply for default at least 30 days before the application.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 69). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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