A. PLEADINGS The pleadings are the written statements by the parties of the facts constituting their respective claims and defenses.
Rule 13.Kinds of Pleadings Allowed; Former Pleadings Abolished
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 13 lists the only pleadings allowed in an Oregon civil case — complaint, answer, third party complaint, and reply — explains what a pleading is, and abolishes older forms like demurrers and pleas.
Full Text of Rule 13
B. PLEADINGS ALLOWED There shall be a complaint and an answer. An answer may include a counterclaim against a plaintiff, including a party joined under Rule 22D., and a cross-claim against a defendant, including a party joined under Rule 22D. A pleading against any person joined under Rule 22C. is a third party complaint. There shall be an answer to a cross-claim and a third party complaint. There shall be a reply to a counterclaim denominated as such and a reply to assert any affirmative allegations in avoidance of any defenses asserted in an answer. There shall be no other pleading unless the court orders otherwise.
C. PLEADINGS ABOLISHED Demurrers and pleas shall not be used.
Amendment History
[CCP 12/2/78; amended by 1979 c.284 § 11]
Plain-English Summary
Rule 13 defines what a pleading is and lists the complete set of pleadings Oregon allows in a civil case. A pleading is the written statement each side files laying out the facts behind its claims and defenses. Every case has a complaint and an answer. The answer can include a counterclaim against the plaintiff or a cross-claim against another defendant in the case, including claims against parties joined later under Rule 22. A claim against someone newly joined as a third party is called a third party complaint, and it gets its own answer. A reply is required whenever the answer contains a counterclaim, and a reply is also used to raise new facts that avoid a defense the answer raised.
Beyond that list, Rule 13 does not allow additional pleadings unless the court orders otherwise, and it retires two older forms entirely: demurrers and pleas are no longer used in Oregon civil practice. A challenge that once would have been raised by a demurrer is instead raised under the rules governing motions and defenses.
Frequently Asked Questions
What pleadings does Oregon allow in a civil lawsuit?
ORCP 13 B allows a complaint and an answer, which may include a counterclaim or cross-claim. It also allows a third party complaint against someone joined under Rule 22, an answer to a cross-claim or third party complaint, and a reply to a counterclaim or to raise facts avoiding a defense. No other pleading is allowed unless the court orders otherwise.
What counts as a pleading under Oregon’s rules?
ORCP 13 A defines pleadings as the written statements by the parties of the facts making up their claims and defenses.
Are demurrers still used in Oregon courts?
No. ORCP 13 C abolishes demurrers and pleas. Objections that a demurrer once raised are handled instead through the motions and defenses procedures in Oregon’s other rules.
What is a reply, and when is one required?
ORCP 13 B requires a reply whenever an answer contains a counterclaim. A reply is also the pleading used to assert any affirmative facts that avoid a defense raised in the answer.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 13). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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