A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
In a civil lawsuit, the defendant in Oregon may assert an affirmative defense of the cause of action being barred by the appropriate statute of limitations. This defense essentially argues that the plaintiff's claim is time-barred and should be dismissed. When drafting an Oregon Answer by Defendant, it is crucial to include certain key elements. These may include: 1. Introduction and Caption: Begin the answer by stating the name of the court, title of the case, and the defendant's name and contact information. 2. Admissions and Denials: Respond specifically to each allegation made by the plaintiff in the complaint. Admit those allegations that are true and deny those that are false or unknown. Use clear and precise language. 3. Affirmative Defense of Statute of Limitations: Assert the affirmative defense of the cause of action being barred by the appropriate statute of limitations. Elaborate on how the plaintiff's claim is time-barred under Oregon law due to the expiration of the applicable statute of limitations. 4. Factual and Legal Basis: Explain in detail the factual and legal grounds supporting the defendant's assertion that the statute of limitations has expired. Cite the specific statute of limitations relevant to the cause of action alleged in the complaint. 5. Tolling or Tolling Exceptions: If applicable, identify any tolling provisions or exceptions that may suspend or extend the running of the statute of limitations. Provide the court with any relevant information supporting the application of these tolling provisions. 6. Waiver or Estoppel: Include any arguments asserting that the plaintiff has waived or is stopped from raising the statute of limitations defense, if applicable. This may be relevant if the plaintiff took certain actions or made representations that could lead the defendant to believe the claim was abandoned or not pursued in a timely manner. 7. Prayer for Relief: Conclude the defendant's answer by requesting that the court dismiss the plaintiff's complaint with prejudice due to the affirmative defense of the cause of action being barred by the appropriate statute of limitations. It is important to consult and work closely with an attorney when preparing an Oregon Answer by Defendant, as the specific requirements and strategies may vary depending on the nature and circumstances of the case.
