ORCP 6 (Jurisdiction Without Service of Summons)

This rule was enacted in conjunction with the repeal of former ORS 15.130, the special jurisdiction statute.  There are very few instances where a court may exercise jurisdiction when the defendant has not been served with a summons.  If the Oregon court has in rem jurisdiction, it may exercise jurisdiction over a defendant who asserts a counterclaim.  The court may also exercise jurisdiction against any party who appears and waives the defense of lack of jurisdiction (see ORCP 21G).  Finally, a defendant may specially appear without invoking the court’s personal jurisdiction.