Dorsey v. Gregg Court of Appeals of Oregon 1988

1. Dorsey v. GreggCourt of Appeals of Oregon (1988) Inadequacy of Service

2. Dorsey v. Gregg What is a �Summons to Appear� and what can happen to a civil defendant who ignores it? A court order to participate in court proceedings. A civil defendant can lose by default or even be found �in contempt� which can carry criminal penalties.

3. Dorsey v. Gregg What is an affidavit? A sworn statement proffered to the court and insure by penalties of perjury. In this case the affidavit described the attempt to serve a summons to appear as a defendant in a civil suit.

4. Dorsey v. Gregg In the context of this case, what is �alternative service?� Service of summons to appear to a civil defendant in ways other than the standard procedure.

5. Dorsey v. Gregg What is �in personum jurisdiction?� Specific to this case, a court does not have jurisdiction over a civil defendant until that defendant has been properly notified that they are being sued.

6. Dorsey v. Gregg Case Question #1 Why is the law so concerned with proper service of summons? The 14th Amendment requires that no one be deprived of life liberty or property without due process. An essential element of procedural due process is notification.

7. Dorsey v. Gregg Case Question #2 Why did the Oregon Court of Appeals rule that alternative service of process was invalid? Precedents were cited wherein courts overturned judgments because affidavits requesting alternative service did not specify all the other methods of service that could be legally tried. In this case, the process server did not try other legal methods. Thus, the TC had no jurisdiction.