ORCP 13 – KINDS OF PLEADINGS ALLOWED; FORMER PLEADINGS ABOLISHED

KINDS OF PLEADINGS ALLOWED; FORMER PLEADINGS ABOLISHED

RULE 13

A Pleadings. The pleadings are the written statements by the parties of the facts constituting their respective claims and defenses.

B Pleadings allowed. There shall be a complaint and an answer. An answer may include a counterclaim against a plaintiff, including a party joined under Rule 22 D, and a cross-claim against a defendant, including a party joined under Rule 22 D. A pleading against any person joined under Rule 22 C is a third party complaint. There shall be an answer to a cross-claim and a third party complaint. There shall be a reply to a counterclaim denominated as such and a reply to assert any affirmative allegations in avoidance of any defenses asserted in an answer. There shall be no other pleading unless the court orders otherwise.

C Pleadings abolished. Demurrers and pleas shall not be used.

[CCP 12/2/78; amended by 1979 c.284 §11]

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