Oregon Amended Complaint for Personal Injury and Wrongful Death

State:
Multi-State
Control #:
US-PI-0300
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.

How to fill out Amended Complaint For Personal Injury And Wrongful Death?

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FAQ

Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.

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 party must 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.

Rule 12 - Pleadings Liberally Construed; Disregard of Error (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 pleading may be amended by a party once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may so amend it at any time within 20 days after it is served.

A party may move?at any time, even after judgment?to amend the pleadings to conform them to the evidence and to raise an unpleaded issue.

Every pleading, motion and other document of a party represented by an attorney shall be signed by at least one attorney of record who is an active member of the Oregon State Bar.

Rule 15 - Time for Filing Pleadings or Motions (A) Time for filing motions and pleadings. A motion or answer to the complaint or third party complaint and the reply to a counterclaim or answer to a cross-claim shall be filed with the clerk by the time required by Rule 7(C)(2) to appear and defend.

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Oregon Amended Complaint for Personal Injury and Wrongful Death