Bend Oregon Defendant's Rule 21 Motion
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ORCP 43 ? PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. RULE 43. A Scope.
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.
RESPONSIVE PLEADINGS. RULE 19. A Defenses; form of denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the allegations upon which the adverse party relies.
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by statute is limited to what appears on face of pleading and, in considering motions to dismiss, court looks not to superceded original complaint but only facts alleged in amended complaint.
New periods to be observed in filing responsive pleadings Under the Revised Rules, an Answer is to be filed within 30 calendar days after service of summons. A 30-day extension to file the Answer may be allowed for meritorious reasons.
In Oregon, a party must respond to a summons and complaint within 30 days from the date of service (Or. R.
What is Responsive Pleading? A pleading that directly responds to the merits of the opponent's pleading, as opposed to filing a motion to dismiss or other attempt to reject a direct response. An answer to the complaint is an example of a responsive pleading.
Rule 21 allows for a party to ask the court to stay or dismiss an action on a point of law for a number of reasons. For example, there may be no legal basis for the action or for the relief being sought, or the defence may not be a valid response to the claim.