Oregon Answer to Alternate Complaint

State:
Multi-State
Control #:
US-L0107B
Format:
Word; 
Rich Text
Instant download

Description

This document is in answer to a complaint filed by a former partner who has requested an accounting his former partnership, and who alleges other egregious acts on the part of his former partners. The answer denies the allegations and provides five affirmative defenses.

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FAQ

An answer to a complaint or to a third-party complaint, or a motion responsive to either pleading, must be filed with the clerk within the time required by Rule 7 C(2) to appear and defend. If the summons is served by publication, the defendant must appear and defend within 30 days of the date of first publication.

Oregon Rules of Civil Procedure (ORCP) Rule 7D(6) allows a court to order alternative methods of service if service cannot be made by any other method specified by rule or statute. Service may be made by any method or combination of methods most reasonably calculated to advise the recipient of the action.

You must respond with a written Answer document in which you reply to each claim listed in the Complaint and assert your affirmative defenses. File your Answer in the court and send a copy to the plaintiff's attorney.

ORCP 7C(2). If defendant provides notice of intent to appear, plaintiff must give 10 days notice before moving for default. ORCP 69 B. Memorandum in Response to Motion (Other Than Motion For Summary Judgment) 14 days from date of service of motion.

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.

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ORCP 21 E Motion to Strike: Use ORCP 21 E(1) to strike any sham, frivolous, or irrelevant pleading or defense or any pleading containing more than one claim or defense not separately stated.

In any action against parties jointly indebted upon a joint obligation, contract, or liability, judgment may be taken against less than all of those parties and a default, dismissal, or judgment in favor of or against less than all of those parties in an action does not preclude a judgment in the same action in favor ...

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Oregon Answer to Alternate Complaint