Oregon Separate Answer and Defenses to Amended Complaint

State:
Multi-State
Control #:
US-PI-0189
Format:
Word; 
Rich Text
Instant download

Description

This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
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FAQ

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

A pleading which asserts a claim for relief, whether an original claim, counterclaim, cross-claim, or third party claim, shall contain: (A) A plain and concise statement of the ultimate facts constituting a claim for relief without unnecessary repetition.

A Liberal construction. All pleadings shall be liberally construed with a view of substantial justice between the parties. B Disregard of error or defect not affecting substantial right.

A party shall respond to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise directs.

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.

Maritime law, The Oregon Rule presumes that a moving vessel is at fault when it allides with a stationary object. This rule has its origins from the 1895 United Supreme Court case, The Oregon, 158 U.S. 186 (1895).

A Liberal construction. All pleadings shall be liberally construed with a view of substantial justice between the parties.

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.

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Oregon Separate Answer and Defenses to Amended Complaint