Rule 20 Special Pleading Rules

A Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence must be made specifically and with particularity, and when so made the party pleading the performance or occurrence must on the trial establish the facts showing such performance or occurrence.

B Judgment or Other Determination of Court or Officer; How Pleaded. In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation is controverted, the party pleading is bound to establish on the trial the facts conferring jurisdiction.

C Private Statute; How Pleaded. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to such statute by its title and the day of its passage, and the court will thereupon take judicial notice thereof.

D Corporate Existence of City or County and of Ordinances or Comprehensive Plans Generally; How Pleaded.

D(1) In pleading the corporate existence of any city, it will be sufficient to state in the pleading that the city is existing and duly incorporated and organized under the laws of the state of its incorporation. In pleading the existence of any county, it will be sufficient to state in the pleading that the county is existing and was formed under the laws of the state in which it is located.

D(2) In pleading an ordinance, comprehensive plan, enactment of any county or incorporated city, or a right derived therefrom in any court, it will be sufficient to refer to the ordinance, comprehensive plan, or enactment by its title, if any, otherwise by its commonly accepted name or number and the date of its passage or the date of its approval when approval is necessary to render it effective, and the court will thereupon take judicial notice thereof. As used in this subsection, “comprehensive plan” has the meaning given that term by ORS 197.015.

E Official Document or Act. In pleading an official document or official act, it is sufficient to allege that the document was issued or the act was done in compliance with law.

F Recitals and Negative Pregnant. No allegations in pleading will be held insufficient on the grounds that they are pled by way of recital rather than alleged directly. No denial will be treated as an admission on the ground that it contains a negative pregnant.

G Fictitious Parties. When a party is ignorant of the name of an opposing party and so alleges in a pleading, the opposing party may be designated by any name, and when such party’s true name is discovered, the process and all pleadings and proceedings in the action may be amended by substituting the true name.

H Designation of Unknown Heirs in Actions Relating to Property. When the heirs of any deceased person are proper party defendants to any action relating to property in this state, and the names and residences of such heirs are unknown, they may be proceeded against under the name and title of the “unknown heirs” of the deceased.

I Property Tax Cases. In any proceeding involving property taxation, each party will address its reliance, if any, on a department rule promulgated under ORS 308.205. See TCR 16 D.