ORCP 15 - Time for filing pleadings or motions

TIME FOR FILING PLEADINGS OR MOTIONS

RULE 15

A Time for filing motions and pleadings. An answer to a complaint or to a third-party complaint, or a motion responsive to either pleading, must be filed with the clerk within the time required by Rule 7 C(2) to appear and defend. If the summons is served by publication, the defendant must appear and defend within 30 days of the date of first publication. A reply to a counterclaim, a reply to assert affirmative allegations in avoidance of defenses alleged in an answer, or a motion responsive to either of those pleadings must be filed within 30 days from the date of service of the counterclaim or answer. An answer to a cross-claim or a motion responsive to a cross-claim must be filed within 30 days from the date of service of the cross-claim. 

B Pleading after motion.

B(1) If the court denies a motion, any responsive pleading required must be filed within 10 days after service of the order, unless the order otherwise directs.

B(2) If the court grants a motion and an amended pleading is allowed or required, that pleading must be filed within 10 days after service of the order, unless the order otherwise directs. 

C Responding to amended pleading. A party must respond to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise directs.

D Enlarging time to file and serve pleadings and motions. Except as otherwise prohibited by law, the court may, in its discretion, and upon any terms as may be just, allow any pleading to be made, or allow any motion, or response or reply to a motion, after the time limited by the procedural rules, or by an order enlarge the time limited by the procedural rules.

[CCP 12/2/78; § A amended by 1979 c.284 §13; § A amended by CCP 12/10/94; amended by CCP 12/8/18; § D amended by CCP 12/12/20]