FREE OR Bar Civil Procedure Questions and Answers
When can a party file a motion for a new trial in Oregon?
Under ORCP 64, a party can file a motion for a new trial within 30 days after the judgment is entered. This motion requests that the court set aside the judgment and conduct a new trial based on specific grounds, such as legal errors or irregularities that affected the outcome of the case.
Under Oregon's rules, when must a party file a motion for summary judgment?
Under ORCP 47, a motion for summary judgment must be filed after the close of discovery but before the trial begins. This motion asserts that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law.
Which of the following motions is used to challenge the legal sufficiency of the opposing party's pleading?
A Motion to Dismiss is used to challenge the legal sufficiency of a pleading. It argues that even if the facts alleged in the complaint are true, they do not state a claim upon which relief can be granted. This motion is typically made before the answer is filed and aims to dismiss the case based on legal grounds.
What is the maximum amount of time a party in Oregon has to respond to a discovery request?
Under ORCP 43, a party typically has 30 days to respond to a discovery request in Oregon. This includes responding to requests for production of documents, interrogatories, and requests for admissions. This timeframe ensures that both parties have adequate time to prepare and exchange information relevant to the case.
In Oregon, what is the standard time frame within which a defendant must file an answer to a complaint after being served?
Under Oregon Rule of Civil Procedure (ORCP) 15, a defendant must file an answer to a complaint within 30 days after service of the summons and complaint. This time frame allows the defendant to respond to the allegations and begin the process of defending against the claim.