Legal Question in Real Estate Law in Oregon
I was served a summons for a breach of lease and I filed an answer and a counterclaim. I was just served a (reply and affirmative defenses to counterclaim) asking that the counter claim be dismissed. Do I need to file any kind of an answer to this or is this just info that the judge is going to take into consideration at trial?
1 Answer from Attorneys
The Oregon Rules of Civil Procedure deems all allegations in replies are automatically "contested" by the other party -- in this case, by you. But the complaint, answer, and reply (known as the "pleadings") are just the start of a case. Both parties will have to go to court and present evidence, unless one party moves for "judgment on the pleadings." If there is considerable money involved, you should consult an attorney.
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