Burden v. Copco Refrigeration, Inc.

The primary question in this case is whether the trial court could rely on the facts recited in a certificate of service in ruling on the sufficiency of service of process. The Court of Appeals held that it could not because ORCP 21 A (2001) 1 requires a plaintiff to prove service by either affidavit or other competent evidence. Burden v. Copco Refrigeration, Inc., 192 Or App 378, 384, 86 P3d 59, modified on recons, 193 Or App 476, 89 P3d 1286 (2004). We hold that, because a certificate of service is prima facie evidence of the material facts that it recites, the trial court properly relied…