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Oregon Answer to Alternate Complaint

Category:
Civil Procedure - Answers
State:
Multi-State
Control #:
US-L0107B
Format:
Word; 
Rich Text
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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.

Oregon Answer to Alternate Complaint is a legal document filed in response to an alternate complaint or a counter-complaint made in a civil lawsuit. It is a crucial part of the legal process where the defendant presents their defense against the claims made by the plaintiff. When a plaintiff files an alternate complaint, they are presenting their own version of events, asserting new claims or counter-claims against the defendant in addition to the initial complaint. In Oregon, defendants have the right to respond to these alternate complaints by filing an Answer to Alternate Complaint. The Oregon Answer to Alternate Complaint is a comprehensive legal pleading that addresses each allegation made in the alternate complaint individually. The defendant must respond to each claim made by the plaintiff and either admit or deny its validity. They may also provide additional affirmative defenses and raise any relevant counterclaims against the plaintiff. It's important to note that there are different types of Oregon Answer to Alternate Complaint, depending on the nature of the case and the specific claims being made. Some common types include: 1. Answer to Alternate Complaint for Breach of Contract: This type of Answer to Alternate Complaint is filed when the plaintiff alleges that the defendant has failed to fulfill the terms of a contract. 2. Answer to Alternate Complaint for Personal Injury: If the plaintiff is seeking compensation for injuries sustained due to the defendant's alleged negligence, an Answer to Alternate Complaint for personal injury would be filed. 3. Answer to Alternate Complaint for Property Damage: This type of Answer to Alternate Complaint is used when the plaintiff claims that the defendant caused damage to their property. 4. Answer to Alternate Complaint for Fraud: If the plaintiff accuses the defendant of intentional misrepresentation or fraudulent activities, an Answer to Alternate Complaint for fraud would be filed. Regardless of the specific type, an Oregon Answer to Alternate Complaint should be drafted carefully and professionally. It is essential to provide accurate responses, supported by relevant facts and legal arguments, to refute the plaintiff's claims effectively. Failure to file an answer or to address all the allegations may result in a default judgment being entered against the defendant. Therefore, seeking legal advice and assistance is crucial to ensure a proper and timely response.

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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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Feb 20, 2020 — ... file the first answer by a defendant to the complaint. Subsequent answers must be filed using the Other Answers menu. (a) Case, Party Filer ... To “appear,” you must file a legal Response, Answer, or Motion. Forms may be available through the court above or online at www.courts.oregon.gov/forms. Talk to ...You can just file a general denial (called a "demurrer") to the complaint if you don't agree with anything the Plaintiff has said. So need, the answers do not ... To “appear” you must file with the court a legal document called a “motion,” a “reply” to a counterclaim, or an“answer” to a cross-claim. The “motion,” “reply,” ... Mar 21, 2023 — 1. Respond to each allegation listed in the Complaint · 2. Assert your affirmative defenses · 3. File the Answer with the court and serve the ... A Q&A guide to responding to a complaint in a trial court of general jurisdiction in Oregon. This Q&A addresses the time to respond, extending the time to ... To “appear” you must file with the court a legal document called a “motion,” a “reply” to a counterclaim, or an “answer” to a cross-claim. The “motion,” “reply, ... Example Oregon Court Forms · Answer to a Residential Eviction · Answer and Affidavit of Mailing (Deschutes) · Defendant's Answer - Complaint for Return of Personal ... The purpose of filing complaints is to improve treatment of people who receive welfare or food stamps. The complaint you file is forwarded to the District ... The Superintendent (or designee) may also initiate attempts to resolve the complaint through mediation or alternative dispute resolution, including local ...

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