Pleadings - Oregon and Federal

Question 1

General Requirements for Federal Pleadings

Answer 1

complain must contain sufficient facts to place adversary on notice of plausible claims asserted against them. Fraudulent claims require more particularity and more fact.

Question 2

General Requirements for Oregon Pleadings

Answer 2

Complain must contain statement of ultimate facts (essential elements of action) that constitute claim for relief.

Question 3

General Rules of Amending for Federal Court

Answer 3

Plaintiff has absolute right to amend within 21 days of service (1 free shot)

if after 21 days, must be granted ONLY IF necessary to do justice and service the merits.

Question 4

General Rules of Amending for Oregon Court

Answer 4

Plaintiff has abolsute right to amend within 20 days of service.

if after 20 days, must be granted ONLY IF necessary to do justice and service the merits.

Question 5

Relating Back Adding New Claims

Answer 5

Adding new claims relates back if new claim derivces from SAME TRANSACTION OR OCCURRENCE as the earlier timely filed claims.

Question 6

Relating Back Adding New Parties

Answer 6

Relates back if new party derived from Same Transaction or Occurence as earlier timely filed claims AND new party must have acquired knowledge that “but for” mistake in name it would have been sued.

defendant acquires knowledge of mistake if they receive service of process within time allowed for service of process.

Question 7

Oregon Statute of Limitations Period

Answer 7

personal injury claims is 2 years from discovery of the injury to file

Question 8

Time Allowed for Service of Process

Answer 8

Fed. Ct. = 120 days from filing to serve.

Oregon = 60 days from filing to serve.