ORCP 7D – in general

Failure to serve a party properly could mean dismissal of the lawsuit. ORCP 7D describes the “manner of service,” but it does not set out every last way in which service may be accomplished. Lake Oswego Review, Inc. v. Steinkamp, 298 Or 607, 695 P2d 565 (1985).  ORCP 7 contains the words “shall” and “may”: service shall meet the federal due process standard and “may” be accomplished in numerous specified ways. ORCP 7 D. “Compliance with methods or manners of service which are preceded by the word ‘may’ is not required. The methods of service listed in ORCP 7 D. (2)–(4) are not exclusive of other methods of service reasonably calculated to apprise defendant of the action.”  Id., at 613-614.  Rule 7  The requires adequate notice, accomplished in a manner “reasonably calculated * * * to apprise the defendant * * * of the action.” Id., at 614.