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. If the party is without knowledge or information sufficient to form a belief as to the truth of an allegation, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. When a pleader intends in good faith to deny only a part or a qualification of an allegation, the pleader shall admit so much of the allegation as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all of the allegations of the preceding pleading, the denials may be made as specific denials of designated allegations or paragraphs, or the pleader may generally deny all of the allegations except such designated allegations or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all of the allegations of the preceding pleading, the pleader may do so by general denial of all allegations of the preceding pleading subject to the obligations set forth in Rule 17.
Rule 19.Responsive Pleadings
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 19 governs how a party answers a complaint — admitting or denying each allegation, pleading listed affirmative defenses like statute of limitations or fraud, and treating undenied allegations, other than damages, as admitted.
Full Text of Rule 19
B. AFFIRMATIVE DEFENSES In pleading to a preceding pleading, a party shall set forth affirmatively: accord and satisfaction; arbitration and award; assumption of risk; claim preclusion; comparative or contributory negligence; discharge in bankruptcy; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; issue preclusion; laches; license; payment; release; statute of frauds; statute of limitations; unconstitutionality; waiver; and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
C. EFFECT OF FAILURE TO DENY Allegations in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted when not denied in the responsive pleading. Allegations in a pleading to which no responsive pleading is required or permitted are taken as denied or avoided.
Amendment History
[CCP 12/2/78; amended by CCP 12/1/12 eff. 1/1/14]
Plain-English Summary
Rule 19 tells a party how to respond to a complaint or other pleading. Section A requires the responding party to state its defenses in short, plain terms and to admit or deny each allegation the other side relies on. A party who lacks enough knowledge or information to admit or deny something can say so, and that statement counts as a denial. A denial has to meet the substance of what’s being denied — a pleader who means to dispute only part of an allegation, or a qualification of it, must admit the part that’s true and material and deny only what’s left. A party who doesn’t intend to contest every allegation in the pleading can choose between denying specific, designated allegations one at a time, or issuing a general denial of everything except the allegations it expressly admits. A party who does mean to contest the entire pleading may instead issue a general denial covering all of it — though that denial, too, remains subject to the certification obligations Rule 17 imposes.
Section B lists the defenses a party must plead affirmatively in the answer if it wants to rely on them: accord and satisfaction, arbitration and award, assumption of risk, claim preclusion, comparative or contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, issue preclusion, laches, license, payment, release, statute of frauds, statute of limitations, unconstitutionality, waiver, and any other matter that amounts to an avoidance or an affirmative defense. If a party mislabels a defense as a counterclaim, or a counterclaim as a defense, the court can, on terms it sets, treat the pleading as though it had been labeled correctly when justice calls for it.
Section C sets the stakes for silence. Except for the amount of damages claimed, any allegation in a pleading that calls for a response is deemed admitted if the responding party doesn’t deny it. Allegations in a pleading that doesn’t call for — or doesn’t allow — a response are treated as denied or avoided instead.
Frequently Asked Questions
What happens if I don’t deny an allegation in my Oregon answer?
Except for the amount of damages claimed, any allegation that calls for a response is deemed admitted if you don’t deny it. Rule 19 C makes silence an admission.
What if I don’t know whether an allegation in the complaint is true?
You can state that you lack enough knowledge or information to admit or deny it. Rule 19 A treats that statement as having the same effect as a denial.
What are affirmative defenses, and which ones does Oregon require me to plead?
Affirmative defenses are matters that avoid or defeat a claim even if its allegations are true, and Rule 19 B requires a party to raise them in the answer to rely on them. The listed defenses include accord and satisfaction, arbitration and award, assumption of risk, claim preclusion, comparative or contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, issue preclusion, laches, license, payment, release, statute of frauds, statute of limitations, unconstitutionality, and waiver, along with any other matter that amounts to an avoidance or affirmative defense.
Can I deny only part of an allegation in Oregon?
Yes. If you mean in good faith to dispute only part of an allegation, or a qualification of it, Rule 19 A requires you to admit the part that’s true and material and deny only the rest.
Can I issue a general denial of the whole complaint?
Only if you mean in good faith to contest every allegation in it. If you’re contesting less than everything, Rule 19 A requires either specific denials of designated allegations or a general denial that carves out the allegations you expressly admit.
What if I mistakenly label an affirmative defense as a counterclaim?
Rule 19 B lets the court treat the pleading as if it had been labeled correctly, on terms the court sets, when justice calls for it.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 19). 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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