ORCP 26

See also annotations under ORS 13.030 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 13.030)

      Trial court does not have authority to remove party from suit when party is subject to possible award for attorney fees even though party has no further interest in asserting rights as plaintiff. Slocum v. Harder, 275 Or 725, 553 P2d 349 (1976)

In general

      Where defendant successfully asserts that plaintiff is not real party in interest, amendment of complaint is proper to substitute real party in interest as plaintiff and amendment will relate back to filing of original complaint if asserting claims arising out of same conduct, transaction or occurrence of original complaint. Sizemore v. Swift, 79 Or App 352, 719 P2d 500 (1986)