Gresham Oregon Motion for Order Authorizing Service of Defendant's Answer Crossclaim and Counterclaim by Publication

State:
Oregon
City:
Gresham
Control #:
OR-HJ-041-20
Format:
PDF
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A11 Motion for Order Authorizing Service of Defendant's Answer Crossclaim and Counterclaim by Publication

Gresham Oregon Motion for Order Authorizing Service of Defendant's Answer Cross claim and Counterclaim by Publication is a legal document filed in the state of Oregon in civil court cases. It is a method used when traditional methods of serving the defendant with legal documents have been unsuccessful. Keywords: 1. Gresham Oregon: This refers to the specific location where the motion is filed, which is Gresham, Oregon. It is important to mention the jurisdiction to ensure accuracy and legality in the process. 2. Motion for Order: A motion is a request made to the court, asking for a specific action or ruling. In this case, the motion is seeking an order from the court to authorize service of the defendant's answer cross claim and counterclaim by publication. 3. Authorizing Service: In legal proceedings, serving the defendant with the necessary legal documents is an essential step. However, when traditional methods such as personal service or certified mail fail, alternative methods like service by publication are sought. This motion seeks permission from the court to use this method. 4. Defendant's Answer: The defendant's answer refers to the legal response filed by the defendant in response to the plaintiff's complaint. This motion specifically addresses the service of the defendant's answer to other involved parties. 5. Cross claim and Counterclaim: In civil cases, cross claims and counterclaims are common legal actions taken by defendants. A cross claim is when a defendant claims against another defendant (a co-defendant), while a counterclaim is a claim made against the plaintiff. This motion includes both the service of the defendant's answer and these additional claims. Types of Gresham Oregon Motion for Order Authorizing Service of Defendant's Answer Cross claim and Counterclaim by Publication: While there may not be specific "types" of this motion, variations can occur depending on the specific circumstances of the case. For example, there may be situations where the motion is solely seeking permission for service by publication of the defendant's answer. In other cases, it may extend to include the service of cross claims and counterclaims as well. The content and details of the motion will vary based on the specific case requirements. In conclusion, a Gresham Oregon Motion for Order Authorizing Service of Defendant's Answer, Cross claim, and Counterclaim by Publication is a legal document filed in Gresham, Oregon's civil court cases. It seeks permission from the court to use the method of service by publication when traditional methods fail. The motion specifically addresses serving the defendant's answer, as well as any cross claims and counterclaims made by the defendants.

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FAQ

How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

Motion to dismiss for reason that pleading shows action has not been commenced within time limited by statute is limited to what appears on face of pleading and, in considering motions to dismiss, court looks not to superceded original complaint but only facts alleged in amended complaint.

The rule differentiates counterclaims and crossclaims: While they are both independent actions, a counterclaim is only brought by the defendant against the plaintiff. Crossclaims can be brought by the defendant against a co-party or by a plaintiff against a co-party.

If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.

Under the Revised Rules, only the following grounds may be raised as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the subject matter; (b) pendency of action between the same parties for the same cause; and (c) cause of action is barred by prior judgment or by the statute of limitations.

No motion may be presented in open Court, other than a motion for admission to the Bar, except when the proceeding to which it refers is being argued. Oral argument on a motion will not be permitted unless the Court so directs.

Not more than 30 days after motion is filed and served; the court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

? Oregon Rules of Civil Procedure (ORCP) 2021 Edition.

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Gresham Oregon Motion for Order Authorizing Service of Defendant's Answer Crossclaim and Counterclaim by Publication