To file a motion or an answer in an Oregon civil case, you prepare a document that complies with the Oregon Rules of Civil Procedure, deliver a copy to every other party, and submit it to the circuit court clerk, usually through the state’s electronic filing system. If you’ve been sued, your answer is due within 30 days of being served with the summons.1Oregon State Legislature. Oregon Rules of Civil Procedure – Rule 7 C(2) Miss that deadline and the plaintiff can take a default judgment against you.
What Goes in an Answer
Every Oregon court document starts with a caption at the top of the first page. The caption lists the name of the court, the title of the case, the register number assigned to the case, and a label identifying the document (for example, “Answer”).2Oregon State Legislature. Oregon Rules of Civil Procedure – Rule 16 In an answer, you only need to name the first party on each side.
After the caption, work through the complaint paragraph by paragraph. For each numbered allegation, state whether you admit it, deny it, or lack sufficient information to respond. Don’t skip any. An allegation you ignore can be treated as admitted.
Then list your affirmative defenses in separate numbered paragraphs. These are legal reasons the plaintiff should lose even if everything in the complaint were true. Oregon recognizes more than 20, including statute of limitations, payment, fraud, comparative negligence, release, and estoppel.3Oregon Public Law. Oregon Rules of Civil Procedure ORCP 19 – Responsive Pleadings An affirmative defense you don’t raise in your answer risks being waived.
If you have a claim of your own against the plaintiff, your answer is where you raise it. That’s a counterclaim, and Oregon lets you include as many as you have. If your counterclaim arises from the same events as the plaintiff’s case, failing to raise it in your answer could bar you from bringing it later in a separate lawsuit. The plaintiff then has 30 days from service of your answer to reply to the counterclaim.4Oregon Public Law. Oregon Rules of Civil Procedure ORCP 15 – Time for Filing Pleadings or Motions
The Oregon Judicial Department publishes free statewide answer forms that any circuit court will accept.5Oregon Judicial Department. Forms Center The OJD Self-Help Center also has an interactive tool for filling out and filing certain forms.6Oregon Judicial Department. Self-Help Center Check your local circuit court for any supplemental local rules.
What Goes in a Motion
A motion is a written request asking the court to do something specific: dismiss the case, extend a deadline, compel discovery, or grant judgment without a trial. It uses the same caption as an answer, but the body states what order you want and the facts and legal arguments that support it.
Under the Uniform Trial Court Rules, every motion must include or be accompanied by a memorandum of legal authorities. Leave it out and the court can treat the motion as waived.
For some motions, including motions to dismiss under ORCP 21 and discovery motions, you must certify that you made a good-faith effort to resolve the dispute with the other party before filing.7Oregon Public Law. Oregon Rules of Civil Procedure ORCP 21 – Defenses and Objections This “meet and confer” step means contacting the opposing side and trying to work things out first. Without the certification, the court will deny the motion.
Once a motion is filed, the opposing party has 14 days from service to respond. The moving party then has 7 days after being served with the response to file a reply. Oral argument is not automatic in Oregon civil cases. If you want it, request it in the caption of the motion or response and estimate how much time the argument will take.
Serving the Other Party
Before you file anything with the court, you must deliver a copy to every other party in the case. Oregon calls this “service,” and it applies to almost every document filed after the original complaint.8Oregon Public Law. Oregon Rules of Civil Procedure ORCP 9 – Service and Filing of Pleadings and Other Papers If the other side has an attorney, you serve the attorney rather than the party directly.
Acceptable methods include personal delivery, mailing a copy to the last known address, email when the party has consented, and fax when the party is represented by an attorney. Service through OJD eFile also counts as valid electronic service, and the system sends an automatic email notification with a link to the filed document.9Oregon Judicial Department. Oregon Code UTCR Chapter 21 – Filing and Service by Electronic Means
Every document you file must include proof of service. That can be a written acknowledgment from the person served, a declaration by whoever performed service, or a certificate from an attorney. The proof should name who was served, the date, and the method used.
Filing with the Court and Fees
After serving the other party, you file the document with the circuit court clerk. The most common route is OJD eFile, which is available 24 hours a day from any location.10Oregon Judicial Department. OJD eFile – Online Services You can also file in person at the clerk’s office in the courthouse where the case is pending.
Filing an answer or first appearance in a standard civil case costs $281 as of 2026. Several motions carry their own fees. Summary judgment, preliminary injunction, new trial, and relief from judgment motions each cost $111 for both the party filing the motion and the party responding. Routine motions, like a motion to compel discovery, usually have no filing fee.11Oregon Judicial Department. 2026 Circuit Court Fee Schedule
If you cannot afford the fee, you can apply for a waiver or deferral. The court must give you the application at no charge, and there’s no fee for submitting it.12Oregon Public Law. Oregon Code 21.685 – Application for Waiver or Deferral of Fees or Court Costs A deferral postpones the fee rather than erasing it, and the court can enter judgment for any deferred amounts at the end of the case.
Deadlines and the Three-Day Mail Rule
Your answer to a complaint is due within 30 days from the date you were served with the summons, whether service was in person, by mail, or by publication.1Oregon State Legislature. Oregon Rules of Civil Procedure – Rule 7 C(2) You can file a motion to dismiss within that same 30-day window instead of answering. If the court denies the motion to dismiss, you then have 10 days after service of the order to file your answer.4Oregon Public Law. Oregon Rules of Civil Procedure ORCP 15 – Time for Filing Pleadings or Motions
When you count any deadline under the Oregon rules, the day of the triggering event doesn’t count. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next business day. For periods shorter than seven days, weekends and holidays don’t count at all. And whenever a document is served by mail, email, fax, or electronic service rather than hand delivery, three days are added to the response period.13Oregon State Legislature. Oregon Rules of Civil Procedure – Rule 10 Missing a deadline by one day because of the three-day mail rule is a common mistake.
The court has discretion to extend deadlines for pleadings and motions, but don’t rely on it. If you need more time, file a motion for an extension before the original deadline expires.
What Happens If You Miss the Deadline
If you fail to file an answer or any responsive motion in time, the plaintiff can seek an order of default. It’s a two-step process: the plaintiff first obtains an order of default, then applies for a default judgment, supporting the application with a declaration that you were properly served and failed to respond.14Oregon Public Law. Oregon Rules of Civil Procedure ORCP 69 – Default Orders and Judgments
If you’ve filed any appearance in the case, or given written notice that you intend to appear, the plaintiff must serve you with a 10-day notice of intent to seek default before applying for the order. That 10-day window is your last chance to file a response and head off default. If you’ve done nothing at all, no additional warning is required.
Setting Aside a Default Judgment
If a default judgment has already been entered, you can file a motion for relief under ORCP 71 B. The court can set the judgment aside for any of these reasons:
- Mistake, inadvertence, surprise, or excusable neglect, such as a serious illness or never actually receiving the summons.
- Newly discovered evidence you couldn’t have found in time despite reasonable effort.
- Fraud or misconduct by the other party in obtaining the judgment.
- The judgment is void because the court lacked jurisdiction or a fundamental procedural requirement wasn’t met.
- The judgment has been satisfied or reversed.
For the first three grounds, the motion must be filed within a reasonable time and no later than one year after you received notice of the judgment. The motion must also attach the answer or responsive motion you would have filed, so the court can see you have a viable defense.15Oregon Public Law. Oregon Rules of Civil Procedure ORCP 71 – Relief From Judgment or Order Filing the motion costs $111.11Oregon Judicial Department. 2026 Circuit Court Fee Schedule
Courts don’t grant these motions easily. You have to show both a good reason for the default and a meritorious defense to the underlying claim, and the longer you wait, the harder relief becomes to obtain.