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Oregon Order for a More Definite and Certain Answer from Defendant

Oregon Order for a More Definite and Certain Answer from Defendant

Name: Oregon Order for a More Definite and Certain Answer from Defendant
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.78 (229 reviews)

Category:

Oregon Court Samples - Real Estate - Mortgage Documents - Sample Case 1

State:

Oregon

Control #:

OR-HJ-056-04

Format:

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Description

A04 Order for a More Definite and Certain Answer from Defendant

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FAQ

A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response.

The presiding judge will respond either by granting the motion or striking it from the record if it is found to be without legal merit. The motion must contain a point-by-point rebuttal, with each point numbered, and ideally should reference some case law in support of the motion.

The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.

When the answers respond to the factual assertions of an opponent's prior pleading, for example, by denying them, they are called responsive pleadings.The distinguishing feature of a responsive pleading is that it replies to the merits of the allegations raised by an opposing party.

OPPOSITION: The opposition to the motion is due 21 days before the hearing date. MOTION: A motion must be filed and served at least 31 days before the hearing date.

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.

13 (When pleadings deemed denied and put in issue). Under the codes the pleadings are generally limited. A reply is sometimes required to an affirmative defense in the answer.In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.

The most basic response is for the defendant to simply serve an answer. However, the defendant may also make a pre-answer motion, such as a motion to dismiss, a motion for a more definite statement or a motion to strike (FRCP 12(b), (e) and (f)).

Oregon Order for a More Definite and Certain Answer from Defendant

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FAQ

Which pleading is filed by a defendant?

How do you respond to a motion for more definite statement?

Does the plaintiff have to respond to an answer?

Is an answer a responsive pleading?

How many days do you have to oppose a motion in federal court?

What happens if a defendant does not answer a complaint?

Does plaintiff have to respond to affirmative defenses?

Do you need to reply to affirmative defenses in federal court?

What is a pre answer motion?

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