Oregon Rules of Civil Procedure
The Oregon Rules of Civil Procedure lay down the rules that should be followed by all circuit courts of Oregon, except in the small claims department of circuit courts. There are different procedures for all civil actions and special proceedings. These rules are construed for just, speedy, and inexpensive determination of every civil action.
In Oregon a civil action commences with the filing of a complaint. A party who commences the action is called the plaintiff, and the opposite party is called the defendant. A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage. According to Rule 7(B), once a complaint is filed, the court clerk will issue the required summons to the defendant(s).
Pleadings in Oregon courts include: complaint, answer to complaint, counter claim, answer to counterclaim, cross claim, answer to cross claim, third party complaint and answer to third party complaint. A minor or an incapacitated person may be represented by a guardian, conservator, or fiduciary. The representative can sue or defend on behalf of the minor or incapacitated person. If a minor or an incapacitated person does not have an authorized representative, s/he may sue by his/her next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for a minor or an incapacitated person for their protection.
Parties may obtain discovery by depositions upon oral examination or written questions; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.
At the trial stage, a party may demand for trial by jury. A judgment is passed after trial. Generally, cost of litigation is adjudged to the prevailing party.