ORCP 5 (Jurisdiction In Rem)

An Oregon state court has jurisdiction in rem when the action involves real or personal property in Oregon, even if the court does not have personal jurisdiction over the defendant, so long as a summons has been properly served on the defendant.  In Weller v. Weller, 164 Or App 25, 988 P2d 921 (1999), an ex-husband obtained a dissolution decree in Idaho, but the Oregon court had in rem jurisdiction to divide the former couple’s Oregon property and make an award to the ex-wife.  (See ORCP 6, which allows a defendant to make a special appearance in a Weller-type case.)