The Oregon military affidavit

How Oregon handles it

Oregon puts the duty in a rule of civil procedure and spells out all three permitted answers. ORCP 69 C(1) requires the motion for an order of default to be accompanied by an affidavit or declaration containing facts sufficient to establish, at subsection C(1)(e), "whether the party against whom the order is sought is or is not a person in the military service, or stating that the movant is unable to determine whether or not the party against whom the order is sought is in the military service as required by the Servicemembers Civil Relief Act, 50 U.S.C. 3901 et seq." Read at oregonlegislature.gov in August 2026.

The rule then decides what the answer buys. Under ORCP 69 C(2)(b), if the declaration says the party is a person in military service, an order of default "may be entered against the party against whom the order is sought only in accordance with the Servicemembers Civil Relief Act." And under C(3) the court grants the order only "if it appears that the motion and affidavit or declaration have been filed in good faith and that good cause is shown that entry of the order is proper," so a bare checkbox is not enough on its own terms.

The eviction declaration is the standalone document Oregon searchers usually want. Form 05-35B (03/22), Declaration of Non-Military, Not Minor or Incapacitated, offers the three ORCP options as one line of checkboxes and then refuses to accept them alone: "you cannot just check a box, you must explain why you know the box you checked is - as of today - correct, or print findings and attach from website https://scra.dmdc.osd.mil/." The same page also covers the ORS 125.005 categories the rule requires at C(1)(d): minor, incapacitated, protected person and respondent.

In a family case the declaration is folded into the motion and gains a fourth option. The Ex Parte Motion for Order of Default and Declaration in Support (DR-Gen-Default-Mo-Decl-2019-08-01, Aug 2019) gives you three military boxes: not in active service at the time of service of the petition and summons, with a facts block; in active service but with a signed SCRA waiver attached as a labelled exhibit; or unable to determine, with any facts you do know. It also asks the ORCP 69 B(2) question about whether the other side gave written notice of intent to appear and, if so, whether you filed and served notice of intent to apply for default at least ten days before the motion.

Default in Oregon is two motions, not one. ORCP 69 A(1) has the party seeking relief "filing motions and affidavits or declarations in compliance with this rule," plural: an order of default first, then a judgment by default under ORCP 69 D. The military declaration attaches to the first one, so the answer has to be current as of the day you move for the order, not the day you eventually get a judgment.

What trips filers up here

• The Oregon form tells you what does not count as a fact. Form 05-35B lists rejected explanations verbatim: "Some things that are not supporting facts are: he has long hair, he has problems with authority, she does drugs, she is too old, or he is not a U.S. citizen."
• The waiver box lives only on the family form. If your tenant is serving and has signed an SCRA waiver, the landlord-tenant declaration has nowhere to say so, and the ORCP 69 C(2)(b) door stays shut until you take it up with the court.
• The two documents cite the same statute two different ways. ORCP 69 C(1)(e) says "50 U.S.C. 3901 et seq." while form 05-35B prints "50 U.S.C. App. 3901 to 4043," which is the pre-2016 appendix numbering. Both point at the same act.
• Oregon's militia code does not add a default rule. ORS chapter 399, read at oregonlegislature.gov on August 15, 2026, contains no default-judgment provision at all, so the entire Oregon requirement is procedural and lives in ORCP 69.

Signing it: declaration, no notary

The signature block reads "I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and subject to penalty of perjury." A date, a signature and a printed name. No notary anywhere on the page.

No notary is needed. The signature block is an unsworn declaration under penalty of perjury, which is what 50 U.S.C. § 3931(b)(4) expressly allows. Signing it knowing the military statement is false is still a federal crime, and a state perjury exposure on top.

Oregon law on top of the federal rule

ORCP 69 C(1)(e): Oregon's military-affidavit requirement is a rule of civil procedure rather than a servicemember relief statute. It makes the declaration part of the motion for an order of default, requires it to state one of three answers, and at C(2)(b) bars an order of default against a person in military service except in accordance with the Servicemembers Civil Relief Act. Read in the Oregon Rules of Civil Procedure at oregonlegislature.gov on August 15, 2026.

Getting the military-status answer right

The affidavit is only as good as the search behind it. The Defense Manpower Data Center runs the free lookup that courts and creditors rely on, and since 2026 it requires a free account even for a single record. Our guide to the DMDC SCRA website covers the search itself, what a "no information found" result does and does not prove, and the batch route for high-volume filers. The federal rules behind this form, including what happens when you genuinely cannot determine status, sit on the hub page.

If one was filed against you

A false affidavit is not a technicality. In May 2026 the Justice Department settled with a Florida property manager that swore a Navy sailor was not on active duty, took a default eviction judgment, and left him with an eviction on his record that a dozen landlords then refused to rent around: $60,000 to one servicemember plus a civil penalty . If a default judgment was entered against you while you were serving, it can be reopened; the default-judgment shield walks the deadlines.

Serving in Oregon and looking for what the state adds to your own protections rather than court procedure? That is a different page: Oregon SCRA benefits.