--- name: or-first-30-days description: > Use this skill when an Oregon defendant is served with a summons and complaint. Triggers include "I was just served", "summons and complaint", "what do I do first", "deadline to answer", "answer the complaint", "affirmative defenses checklist", "counterclaim planning", "ORCP 21", "motion to dismiss or answer", "plead counterclaims". Covers ORCP 7 C(2) 30-day deadline, ORCP 21 motion-to-dismiss triage, affirmative-defenses checklist, counterclaim mechanics (ORCP 22), evidence preservation, and discovery planning. For subject-matter fact patterns and counterclaim menus, compose with relevant subject-matter skill (e.g., or-consumer-debt). Composes with or-deadlines, or-draft- motion, or-draft-declaration, or-discovery, or-law-references, or-fact-check, or-file-packet, and (if default entered) or- post-judgment. version: 0.1.2 --- # Oregon — First 30 Days After Service When a defendant in an Oregon civil case is served with a summons and complaint, **ORCP 7 C(2)** gives them 30 calendar days to respond. This skill covers the matter-neutral workflow for that window — what to do, in what order, to preserve all rights and put the defendant in the strongest position before answering. > **NOT LEGAL ADVICE.** This is a procedural framework, not a > case strategy. The strategic decisions (defend on the merits? > attack jurisdiction? negotiate? settle?) depend on the > specific facts and law. ## The 30-day clock The 30-day clock starts on the **day after service** and runs 30 calendar days under ORCP 10 A. If day 30 falls on a weekend or legal holiday (ORS 187.010), the deadline extends to the next business day. For service by mail (rare for initial process, but happens with ORCP 7 D(2)(d) consensual mail service), add 3 days under ORCP 10 C. For service by publication (ORCP 7 D(6)), the 30 days starts from the date of last publication. Use `or-deadlines` and `scripts/case-calendar.py` to compute the precise deadline. ## Three response options The defendant must do one of three things within 30 days: 1. **File an Answer** (the merits response) 2. **File an ORCP 21 motion to dismiss** (or other ORCP 21 defense raised as a motion) — this tolls the answer deadline 3. **Reach an agreed extension** with plaintiff (typically a written stipulation filed with the court) Failure to do one of these results in **default** under ORCP 69. The defendant's defenses on the merits are lost; only ORCP 71 vacation can re-open the case. ## Step-by-step workflow ### Day 1 — Triage **Same day or next day after service.** - **Photograph the summons, complaint, and any envelope** — preserve the postmark and method of service - **Note the date and method of service** — these affect the deadline computation - **Calendar the 30-day deadline** using `or-deadlines` - **Calendar a working buffer at day 23** — file by then if possible - **Identify the court** — circuit court, county, case number - **Read the complaint carefully** — what claims, what damages, what relief? ### Days 2–5 — Defenses inventory Make a checklist of potential defenses. The ORCP 21 defenses are jurisdictional or procedural and **must be raised first** (via ORCP 21 motion OR in the answer) or they are waived (ORCP 21 G): | Defense | ORCP | When waived | |---------|------|-------------| | Lack of subject-matter jurisdiction | 21 A(1) | Never | | Lack of personal jurisdiction | 21 A(2) | If not raised by motion or in first responsive pleading | | Improper venue | 21 A(3) | Same | | Insufficient service of summons | 21 A(4) | Same | | Insufficient service of process | 21 A(5) | Same | | Not the real party in interest | 21 A(6) | If not raised by motion or in first responsive pleading | | Failure to join party | 21 A(7) | At any time | | Failure to state ultimate facts | 21 A(8) | At any time (but raised promptly) | | Pendency of another action | 21 A(9) | If not raised by motion or in first responsive pleading | | More definite statement | 21 B | If not raised by motion before responsive pleading | | Motion to strike | 21 E | If not raised by motion before responsive pleading | Also consider substantive affirmative defenses (these go in the answer, not the ORCP 21 motion): - Statute of limitations (ORS 12 — verify SOL for each claim) - Statute of frauds (ORS 41.580) - Lack of capacity / standing - Failure of consideration - Accord and satisfaction - Estoppel / waiver / laches - Comparative fault (ORS 31.600) - Set-off - Discharge in bankruptcy (11 USC § 727) - Federal preemption - Anti-SLAPP (ORS 31.150) - Subject-matter-specific defenses (see relevant subject-matter skill) ### Days 5–10 — Counterclaims inventory ORCP 22 governs counterclaims: - **Compulsory counterclaim** (ORCP 22 A): any claim arising out of the same transaction or occurrence. **Must be raised in the answer or it's waived** for future actions. - **Permissive counterclaim** (ORCP 22 B): any other claim against the plaintiff. Can be raised in the answer or in a separate action. For a debt-collection defendant, potential counterclaims often include: - FDCPA (15 USC § 1692k) — if a debt collector or collection attorney is the plaintiff - Oregon UTPA (ORS 646.605) — broader than FDCPA - ORS 697 (Collection Agency) — if plaintiff is not registered - Defamation, intentional interference, etc. — fact-specific See `or-consumer-debt` for the full debt-defense counterclaim menu. For other case types, consult the relevant subject- matter skill or general civil-defense practice. ### Days 10–15 — Discovery planning While the answer is being drafted, plan initial discovery: - **First RFPs**: target the plaintiff's foundational evidence — contract, chain of title, accounting, authorization to sue, registration to do business - **First RFAs**: lock in basic facts that should be uncontroverted (corporate form, identity, dates) - **Depositions**: typically not until after answer; identify potential deponents (plaintiff's PMK, document custodian) - **Subpoenas to non-parties** (original creditor, banks): plan but don't issue until after answer Serve discovery **with the answer or shortly thereafter** — discovery is often the bottleneck and starting early creates leverage. ### Days 15–23 — Draft the response Choose the path: #### Path A: Answer with affirmative defenses + counterclaims Use this when: - The defenses are substantive (SOL, lack of standing, etc.) - You want to start discovery immediately - Counterclaims should be pled now Structure: 1. Caption (court header, parties, case number, title: "DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS") 2. Admissions and denials — paragraph-by-paragraph response to the complaint 3. Affirmative defenses — numbered, each with the legal basis and a brief factual showing 4. Counterclaims — numbered, each with elements and prayer for relief 5. Prayer for relief on counterclaims 6. Signature block (with "Defendant, pro se" if applicable) 7. Certificate of Service #### Path B: ORCP 21 motion to dismiss Use this when: - A jurisdictional or service defect could end the case - Failure to state ultimate facts (ORCP 21 A(8)) — the complaint, accepting allegations as true, doesn't entitle plaintiff to relief - You want to delay the merits while pursuing the procedural issue Structure (see `or-draft-motion`): 1. Caption ("DEFENDANT'S MOTION TO DISMISS UNDER ORCP 21 A(8)") 2. Motion 3. Memorandum — facts, issues, evidence, authorities, argument 4. Conclusion ORCP 21 motions toll the answer deadline. If denied, the defendant has **10 days** to file the answer (ORCP 21 D — verify current rule). #### Path C: Stipulated extension If the parties agree, file a Stipulation for Extension of Time signed by all counsel/parties. The court routinely grants modest extensions (14–30 days) on stipulation. Some Oregon judges have specific extension protocols in their standing orders — check first. ### Day 23–25 — QC and filing - **Run `or-quality-check`** against the draft - **Run `or-fact-check`** to verify citations and dates - **Verify deadlines** with `or-deadlines` - **eFile via File and Serve** with the correct UTCR 2.110 document code - **Serve all parties** under ORCP 9 / UTCR 21.100 - **File a Notice of Hearing** if the response is an ORCP 21 motion that needs a hearing date ## Pre-answer evidence preservation Before, during, and after the 30-day window, the defendant should: - **Preserve all communications** with plaintiff (emails, letters, voicemails) — these may be FDCPA or UTPA evidence - **Preserve relevant business records** — bank statements, cardholder agreement, monthly statements (if not destroyed in the ordinary course) - **Photograph any physical evidence** that may degrade - **Issue a litigation-hold notice** to anyone in custody of potentially relevant documents (in a pro se context, this is often informal — "please don't destroy the email archive") ## Pre-answer settlement Consider whether to attempt settlement before answering: - **Pro**: avoids the cost of litigation; some plaintiffs settle for pennies on the dollar before discovery - **Con**: the defendant gives up the leverage of an answer with counterclaims; the plaintiff may interpret a pre- answer settlement offer as weakness For debt cases, sending a debt-validation request (ORS 697 / FDCPA) during the 30-day window is often a procedurally parallel move — it forces the plaintiff to produce authentication documents while the answer is being drafted. ## Default avoidance The single biggest pro se failure mode is **missing the 30-day deadline**. Tools to prevent it: - **Calendar the deadline immediately** upon service - **Calendar a buffer at day 23** so a late file is still on time - **eFile, not paper** — paper risks clerk rejection - **Confirm filing acceptance** within 2 business days; if rejected, re-file before day 30 If default has already been entered, the defendant must move to vacate under ORCP 71 B — see `or-post-judgment`. ## Pro se considerations A pro se defendant in the first 30 days should: - **Save every paper document** the plaintiff has sent - **Save every email and voicemail** — even spam-folder ones from the plaintiff - **Photograph the envelope** of the summons before opening (to preserve postmark) - **Sleep on the response** before filing — initial drafts are often emotionally loaded - **Consider getting an attorney consultation** even for pro se cases — many Oregon attorneys offer flat-fee consultations under the OSB Modest Means program ## Step summary 1. **Day 1**: triage, photograph, calendar 2. **Days 2–5**: defenses inventory 3. **Days 5–10**: counterclaims inventory 4. **Days 10–15**: discovery planning 5. **Days 15–23**: draft answer + counterclaims OR ORCP 21 motion 6. **Days 23–25**: QC, fact-check, eFile, serve Build the buffer at day 23. Aim for day 25 filing, with day 30 as the absolute deadline. Anything later is a default-risk race. ## Cross-references - `or-deadlines` — exact date computation - `or-draft-motion` — ORCP 21 motion structure - `or-draft-declaration` — supporting declaration form - `or-discovery` — first RFPs / RFAs - `or-law-references/references/civil-rules.md` — ORCP 7, 10, 21, 22 verbatim - `or-consumer-debt` — debt-defense-specific affirmative defenses and counterclaims - `or-pro-se` — pro-se drafting framework for the response - `or-post-judgment` — if default has already been entered, motion to vacate under ORCP 71