Oregon Plaintiff's Motion for a More Definite and Certain Answer
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How to fill out Oregon Plaintiff's Motion For A More Definite And Certain Answer?
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FAQ
13 (When pleadings deemed denied and put in issue). Under the codes the pleadings are generally limited. A reply is sometimes required to an affirmative defense in the answer.In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.
The most basic response is for the defendant to simply serve an answer. However, the defendant may also make a pre-answer motion, such as a motion to dismiss, a motion for a more definite statement or a motion to strike (FRCP 12(b), (e) and (f)).
OPPOSITION: The opposition to the motion is due 21 days before the hearing date. MOTION: A motion must be filed and served at least 31 days before the hearing date.
You cannot file a second motion dismiss. You have to raise it as an affirmative defense in your answer and present it with evidence at summary judgement or trial...
The presiding judge will respond either by granting the motion or striking it from the record if it is found to be without legal merit. The motion must contain a point-by-point rebuttal, with each point numbered, and ideally should reference some case law in support of the motion.
When the answers respond to the factual assertions of an opponent's prior pleading, for example, by denying them, they are called responsive pleadings.The distinguishing feature of a responsive pleading is that it replies to the merits of the allegations raised by an opposing party.
The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.