Oregon — State Statute

Oregon Revised Statutes Chapter 109 § 109.285 — or 109.385

Oregon Revised Statutes Chapter 109 ·
Oregon Code § 109.285 · Enacted · Last updated March 01, 2026
Statute Text
or 109.385. (6) A summons under subsection (3) of this section must contain: (a) A statement that if the spouse fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the spouse’s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage on the date the answer is required or on a future date. (b) A statement that: (A) The spouse must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the spouse is served with the summons or, if service of the summons is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. (B) In the answer, the spouse must inform the court and the petitioner of the spouse’s telephone number or contact telephone number and the spouse’s current residence, mailing or contact address in the same state as the spouse’s home. The answer may be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ _________,     ) Petitioner,       ) NO._____ ) ) ANSWER and             ) ) _________,     ) Respondent.    ) [ ] I consent to the entry of a judgment of nonparentage. [ ] I do not consent to the entry of a judgment of nonparentage. The court should not enter a judgment of nonparentage for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________ __________________ Signature DATE:_____________________ ADDRESS OR CONTACT ADDRESS: _____________________ _____________________ TELEPHONE OR CONTACT TELEPHONE: _____________________ ______________________________________________________________________________ (c) A notice that, if the spouse answers the motion and order to show cause, the court: (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition; (B) Will order the spouse to appear personally; and (C) May schedule other hearings related to the petition and may order the spouse to appear personally. (d) A notice that the spouse has the right to be represented by an attorney. The notice must be in substantially the following form: ______________________________________________________________________________ You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information. ______________________________________________________________________________ (e) A statement that the spouse has the responsibility to maintain contact with the spouse’s attorney and to keep the attorney advised of the spouse’s whereabouts. (7) A spouse who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the spouse is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the spouse shall inform the court and the petitioner of the spouse’s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (6) of this section. (8) If the spouse requests the assistance of appointed counsel and the court determines that the spouse is financially eligible, the court shall appoint an attorney to represent the spouse at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. (9) If the spouse files an answer as required under subsection (7) of this section, the court, by oral order made on the record or by written order provided to the spouse in person or mailed to the spouse at the address provided by the spouse, shall: (a) Inform the spouse of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition; (b) Require the spous
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