§ 20.115 Recovery of costs associated with service of process

Codes > Oregon Revised Statutes > Title 2 > Chapter 20 : Additional Costs > 20.115

20.115. Recovery of costs associated with service of process

    (1) A person who is otherwise entitled to recover costs and disbursements may recover the following amounts as part of costs and disbursements:

        (a) An amount paid to a sheriff for service of process or other documents under ORS 21.410.

        (b) An amount paid to a person other than a sheriff for service of process or other documents. Except as provided in subsection (2) of this section, the amount that may be recovered as costs and disbursements under this paragraph may not exceed the maximum amount payable to a sheriff for service of the same process or document under ORS 21.410.

    (2) In addition to amounts recoverable under subsection (1) of this section, a person who is otherwise entitled to recover costs and disbursements may recover the following amounts paid to a person other than a sheriff for service of process or other documents:

        (a) The reasonable cost of service outside this state.

        (b) The reasonable rate for mileage.

        (c) The reasonable cost of locating and serving a party when routine service methods are unsuccessful.

        (d) The reasonable cost of expedited service if expedited service is necessary.

    (3) In addition to amounts recoverable under subsections (1) and (2) of this section, a person who is otherwise entitled to recover costs and disbursements may recover amounts paid for an attempt at service made in good faith if the amounts paid would be recoverable under subsections (1) and (2) of this section had service of process or other documents been accomplished.

    (4) The provisions of this section do not limit the ability of a party to recover any reasonable costs of service if the party has a contract right to recover those costs.