A. PROCESS All process authorized to be issued by any court or officer thereof shall run in the name of the State of Oregon and be signed by the officer issuing the same, and if such process is issued by a clerk of court, the seal of office of such clerk shall be affixed to such process. Summonses and subpoenas are not process and are covered by Rule 7 and Rule 55, respectively.
Rule 8.Process
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 8 sets the formal requirements for court process other than a summons or subpoena, covering how it must be signed and sealed, how it is served when a county is a party, and that it may be served on a Sunday or holiday.
Full Text of Rule 8
B. WHERE COUNTY IS A PARTY Process in an action where any county is a party shall be served on the county clerk or the person exercising the duties of that office, or if the office is vacant, upon the chairperson of the governing body of the county, or in the absence of the chairperson, any member thereof.
C. SERVICE OR EXECUTION Any civil process may be served or executed on Sunday or any other legal holiday. No limitation or prohibition stated in ORS 1.060 shall apply to such service or execution of any civil process on a Sunday or other legal holiday.
D. PROOF OF SERVICE OR EXECUTION Proof of service or execution of process shall be made as provided in Rule 7F.
Amendment History
[CCP 12/2/78; §§ A, D amended by CCP 12/9/06, eff. 1/1/08]
Plain-English Summary
Rule 8 covers court process in general — the broad category of court papers other than a summons or a subpoena, which have their own rules in Rule 7 and Rule 55. Any process a court or its officers issue must run in the name of the State of Oregon and carry the signature of the issuing officer; if a court clerk issues it, the clerk’s office seal must be affixed as well.
The rule also answers two practical questions. When a county is a party to a case, process is served on the county clerk, or whoever performs that role, or, if that office is vacant, on the chairperson of the county’s governing body, or any member if the chairperson is unavailable. And because litigation does not pause for the calendar, civil process may be served or executed on a Sunday or any other legal holiday despite the general limits Oregon law places on Sunday business. Proof that process was served or executed follows the same procedure Rule 7 sets out for summonses.
Frequently Asked Questions
What is the difference between a summons and process under Oregon’s rules?
ORCP 8 A defines process broadly, but expressly excludes summonses and subpoenas, which are governed by their own rules — Rule 7 for summonses and Rule 55 for subpoenas. Rule 8 covers other court process and requires that it run in the name of the State of Oregon and be signed by the issuing officer.
Can legal papers be served on a Sunday or holiday in Oregon?
Yes. ORCP 8 C allows any civil process to be served or executed on a Sunday or any other legal holiday, and it sets aside the general restriction in ORS 1.060 that would otherwise limit legal business on those days.
How is process served when a county is being sued?
ORCP 8 B directs service on the county clerk or whoever is performing the duties of that office. If the clerk’s office is vacant, service goes to the chairperson of the county’s governing body, or, if the chairperson is unavailable, to any member of that body.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 8). 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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