Oregon Plaintiffs Response to Rule 21 Motions of Defendant
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How to fill out Oregon Plaintiffs Response To Rule 21 Motions Of Defendant?
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FAQ
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.
There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.
A motion to dismiss is often filed based on procedural reasons, rather than the merits of the claim. Some reasons a party might file a motion to dismiss include: The statute of limitations has expired.The plaintiff failed to name a necessary party in the complaint, or named the wrong party.
You do not have to file a response. However, you would be wise to do so as a motion to dsmiss , if granted, could end your suit. Motions to dimiss for failure to state a claim are rarely granted.
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.
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.
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.
