ORCP 25

See also annotations under ORS 16.150, 16.330, 16.360, 16.380, 16.400 and 16.410 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 16.330)

      Where demurrer is sustained to one of several causes of action or theories of recovery alleged, filing of amended complaint omitting cause or theory to which demurrer was sustained does not waive right on appeal to object to sustaining of demurrer. Moore v. W. Lawn Memorial Park, 266 Or 244, 512 P2d 1344 (1973)

ORCP 25A

NOTES OF DECISIONS

      This section is exception to general rule in ORCP 23A, and once triggered by court granting motion to dismiss or strike entire pleading or when motion for judgment on pleadings under ORCP 21 is allowed, plaintiff must seek leave of court to amend complaint and court may decide whether to allow amendment. Alfieri v. Solomon, 358 Or 383, 365 P3d 99 (2015)