Oregon Defendant's Answer and Affirmative Defense to Plaintiff's Complaint
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FAQ
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.
What does it mean when a defendant intends to put on an affirmative defense? The defendant will offer a legal excuse that justifies his/her conduct.
You can file an answer to respond to the plaintiff's Complaint. An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation.
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.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime. Some jurisdictions place the burden on the defendant to prove the defense, while others require that the prosecution disprove the defense beyond a reasonable doubt.
There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.
While the availability of an affirmative defense will depend on the state, there are generally two categories of affirmative defenses, justifications and excuses.
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.