IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LINCOLN COUNTY _________________________________________________ ) ) _________________________________________________ ) Plaintiff(s) ) v. ) _________________________________________________ ) ) _________________________________________________ ) Defendant(s) ) No. _______________________ SUMMONS FORCIBLE ENTRY AND DETAINER RESIDENTIAL COMMERCIAL RETURN OF PERSONAL PROPERTY Address:___________________________________________________________________________________________________ City/State/Zip:_____________________________________________________________________________________________ NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must “appear” in this case of the other side will win automatically. You are required to appear and answer the complaint filed against you in the above entitled action on the ________ day of _______________________,20 _____ at ________ ___.m. at the Lincoln County Courthouse, 225 W Olive, Newport, Oregon. If you fail to appear, plaintiff may take judgment against you for restitution of the premises described in plaintiff’s complaint plus costs and disbursements. NO FILING FEE IS REQUIRED FOR THIS FIRST APPEARANCE. If you want to proceed to trial, you must appear at the first appearance, file an answer and pay the appropriate fee or request to have fees waived (see number 6 below). IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY. ORS 105.137 provides: 1. If the plaintiff appears and the defendant fails to appear at the first appearance, a default judgment shall be entered against the defendant in favor of the plaintiff for possession of the premises and costs and disbursements. 2. If the defendant appears and the plaintiff fails to appear at the first appearance, an order shall be entered dismissing the complaint and awarding costs and disbursements against the plaintiff in favor of the defendant. 3. An attorney at law shall be entitled to appear on behalf of any party, but no attorney fees may be awarded if the defendant does not contest the action. 4. The plaintiff or an agent of the plaintiff may obtain a continuance of the action for as long as the plaintiff or agent of the plaintiff deems necessary to obtain the services of an attorney at law. 5. If both parties appear in court on the date contained in the summons, the court shall set the matter for trial as soon as practicable, unless the court is advised by the parties that the matter has been settled. The trial shall be scheduled no later than 15 days from the date of such appearance. If the matter is not tried within the 15 day period, and the delay in trial is not attributable to the landlord, the court shall order the defendant to pay rent that is accruing into court, provided the court finds after hearing that entry of such an order is just and equitable. 6. The court shall permit an unrepresented defendant to proceed to trial by directing the defendant to file an answer in writing on a form which shall be available from the court clerk, and to serve a copy upon the plaintiff on the same day as first appearance. 7. If an unrepresented defendant files an answer as provided in subsection 6 of this section, the answer shall not limit the defenses available to the defendant at trial under ORS chapter 90. If such a defendant seeks to assert at trial a defense not fairly raised by the answer, the plaintiff shall be entitled to a reasonable continuance for the purposes of preparing to meet the defense. If you need help find ing an attorne y, you may call the Oregon State Bar’s Lawyer Referral Service at (800)452-7636 ____________________________________________________ Plaintiff Signature ____________________________________________________ ____________________________________________________ ____________________________________________________ STATE OF OREGON, County of Lincoln ) ss. Address Phone I HEREBY CERTIFY that this is a true copy of the original summons in the above entitled action. ______________________________________________ Plaintiff SUMMONS/FORCIBLE ENTRY AND DETAINER (1/00) 2001 © American LegalNet, Inc.