Oregon General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True

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Multi-State
Control #:
US-00963BG
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the defendant admits facts that are true and deny allegations that are not true. Sometimes some of the allegations in a paragraph of a complaint may be true and some may not be true. Paragraph V of this form gives an example of how to respond in such a situation. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 46 C, deny the matter or set forth reasons why the party cannot admit or deny it.

The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive or may require that the party who served the subpoena pay the reasonable costs of production.

All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record. The court before which the testimony is offered shall rule on any objections before the testimony is offered. Any objections not made at the deposition shall be deemed waived.

ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.

Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.

If the other party is willing to accept service, the filing party may simply mail or hand-deliver a copy of the Summons, petition/complaint, and other documents to the Defendant / Respondent, along with a form called an ?Acceptance of Service.? In family law matters, the Acceptance of Service form is available on the ...

At any time before trial, any person who has an interest in the matter in litigation may, by leave of court, intervene. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

The ?motion,? ?reply,? or ?answer? must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the defendant's attorney or, if the defendant does not have an attorney, proof of service on the defendant.

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Oregon General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True