Rule 2 Responsive Pleadings; Amended Pleadings

A Answer or Motion to Dismiss. A defendant must respond to the complaint by answer or motion within 30 days from the service date of the complaint. See TCR-MD 1 C. The response, usually titled Answer or Motion to Dismiss, must be signed by (1) the named party if the named party is a self-represented individual, or (2) one of its authorized representatives. Unless the response is electronically filed, see TCR 9 H, applying UTCR 21, it must be filed by delivering or mailing the response to the court and a copy to all other parties, or, if the other parties have authorized representatives, the copy must be delivered or mailed to those representatives.

B Contents of Answer or Motion to Dismiss. The response must contain the names of the parties, the case number, and a brief response to the claims raised in the complaint. Claims and affirmative defenses, e.g., an ORS 305.287 determination request or an allegation that plaintiff failed to timely file an appeal, must be alleged in a defendant’s first filed pleading, captioned Motion to Dismiss, Answer, or other appropriate caption. If a motion to dismiss is filed and subsequently denied, a defendant must file an answer responsive to the claims contained in the complaint, no later than 10 days after entry of the order denying the motion, unless the court otherwise directs.

C Amended Pleadings. Amended pleadings must conform to the requirements of TCR 23 A-D. Unless the court directs otherwise, a party must respond to an amended pleading within the time remaining for a response to the original pleading or within 10 days after service of the amended pleading, whichever period is longer.

D Facsimile Transmittal. The court will not receive or file pleadings submitted to the court by facsimile in excess of 10 pages.