State v. E. K. C.

ORS 426.090 requires a citation to “be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing.”

Appellant appeals a judgement of civil commitment. She argued the trial court violated her due process right by proceeding with the case when she was never properly served with a statutorily compliant citation. She asserts that the citation was not compliant because the copy was not a duly certified copy. The State argued that it was not apparent that she was not served a duly certified copy. ORS 426.090 requires a citation to “be served upon the person by delivering a duly certified copy of the original thereof to the person in person prior to the hearing.” The Court adopted the State’s argument and reasoned that it is not apparent that the appellant was not served with a duly certified copy. The Court explained that the appellant does not explain the difference between a true copy and duly certified copy, yet her entire contention depended on the difference. Affirmed.