Summons is issued at “any time after the action is commenced. ORCP 7B. “Commencement” is addressed in ORCP 3, which provides that “[o]ther than for purposes of statutes of limitations, an action shall be commenced by filing a complaint with the clerk of the court.” It has long been held, and recently upheld that
“In Oregon, an action is deemed commenced, within the meaning of the statute of limitations, when the complaint is filed and the summons is served on the defendant; but for all purposes other than that of the statute of limitations [,] actions are commenced by filing a complaint with the clerk of the court.”
Burns v. White Swan Mining Co., 35 Or. 305, 311, 57 P. 637 (1899), cited in Cannon v. Oregon Dep’t of Justice, 261 Or App 680, 689, 322 P3d 601 (2014).
The summons must be signed by the plaintiff, or an active member of the Oregon State Bar. “Only the plaintiff or the plaintiff’s attorney can issue a summons.” Jordan v. Wiser, 302 Or 50, 56-57, 726 P2d 365 (1986) disapproved of on other grounds by Baker v. Foy, 310 Or 221, 797 P2d 349 (1990).