Responding to an Oregon complaint: 30 days, and nine defenses you can raise by motion

Oregon's response deadline is a clean 30 days, and its pre-answer motion rule is broader than the federal model it otherwise resembles.

Thirty days from service

ORCP 7 C(2):

If the summons is served by any manner other than publication, the defendant shall appear and defend within 30 days from the date of service. If the summons is served by publication … the defendant shall appear and defend within 30 days from the date stated in the summons. The date so stated in the summons shall be the date of the first publication.

One period, running from service — or, for publication, from the first publication date stated on the summons.

ORCP 7 C(1) sets what the summons must contain, including a notice that if the defendant fails to appear and defend, the plaintiff will apply to the court for the relief demanded in the complaint, and a subscription by the plaintiff or an active member of the Oregon State Bar with a post office address for service by mail.

Nine defenses may go by motion

ORCP 21 A: every defense to a claim for relief must be asserted in the responsive pleading, "with the exception of the defenses enumerated in paragraph A(1)(a) through paragraph A(1)(i)."

Those nine, which may at the pleader's option be made by motion to dismiss:

(a) lack of jurisdiction over the subject matter; (b) lack of jurisdiction over the person; (c) that there is another action pending between the same parties for the same cause; (d) that plaintiff has not the legal capacity to sue; (e) insufficiency of summons or process, or insufficiency of service of summons or process; (f) that the party asserting the claim is not the real party in interest; (g) failure to join a party under Rule 29; (h) failure to state ultimate facts sufficient to constitute a claim; and (i) [the further ground the rule sets out].

Two of those have no direct counterpart in FRCP 12(b): another action pending and not the real party in interest. Oregon also frames the pleading-sufficiency ground as failure to state ultimate facts — a formulation that reflects Oregon's fact-pleading tradition rather than federal notice pleading.

ORCP 21 also supplies the motion to make more definite and certain, and the motion to strike, within the same rule rather than in separate provisions.

Default requires an application, not a clerk's entry

ORCP 69 A(1):

When a party against whom a judgment for affirmative relief is sought has been served with summons pursuant to Rule 7 or is otherwise subject to the jurisdiction of the court and has failed to appear by filing a motion or answer, or otherwise to defend as provided in these rules or applicable statute, the party seeking affirmative relief may apply for an order of default and a judgment by default by filing motions and affidavits or declarations in compliance with this rule.

Note the structure: Oregon requires an order of default and then a judgment by default, both sought by motion supported by affidavit or declaration. There is no clerk's entry of default of the sort FRCP 55(a) provides.

ORCP 69 A(2) confirms the rule applies whichever party is entitled to the relief — plaintiff, third-party plaintiff, or a party who has pleaded a counterclaim or cross-claim.

Appearing is what prevents it. The trigger is failure "to appear by filing a motion or answer, or otherwise to defend" — so a timely ORCP 21 motion is an appearance and forecloses default while it is pending.

Amending

ORCP 23 A allows a pleading to be amended once as of course before a responsive pleading is served, or — if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar — at any time within the period the rule specifies. Otherwise a party may amend by leave of court or by written consent of the adverse party, and "leave shall be freely given when justice so requires."

ORCP 23 C covers relation back, and ORCP 23 B amendments to conform to the evidence.

What Oregon does not have

The single most consequential thing to know about Oregon civil practice is covered in the discovery guide, but it belongs here too: Oregon has no interrogatories. ORCP 36 A lists the available discovery methods and interrogatories are not among them.

That changes how an Oregon case is built from the answer onward — depositions and document requests carry work that written interrogatories do elsewhere.

How Oregon compares

A short checklist

1. Calendar 30 days from service — or from the first publication date stated in the summons.
2. Decide between an answer and an ORCP 21 motion. Nine grounds are available by motion, including two the federal rule lacks.
3. Filing a motion is appearing, which forecloses a default application while it is pending.
4. Plead ultimate facts. Oregon is a fact-pleading state, and ORCP 21 A(1)(h) is framed accordingly.
5. Don't plan on interrogatories — build the case around depositions, ORCP 43 document requests and ORCP 45 admissions.

Where these rules live

• ORCP 7 — Summons
• ORCP 9 — Service and Filing of Pleadings and Other Papers
• ORCP 15 — Time for Filing Pleadings and Motions
• ORCP 21 — Defenses and Objections
• ORCP 23 — Amended and Supplemental Pleadings
• ORCP 36 — General Provisions Governing Discovery
• ORCP 69 — Default
• ORCP 71 — Relief from Judgment or Order

The Oregon Judicial Department publishes self-help material at courts.oregon.gov. This page explains what the rules say. It isn't legal advice.