ORCP 12

 

      See also annotations under ORS 16.120 and 16.660 in permanent edition.

 

NOTES OF DECISIONS

 

      Rule 9B specifies manner of service that is impervious to collateral attack and importance of strict compliance with that Rule is not negated by application of this Rule. Murray v. Meyer, 81 Or App 432, 725 P2d 947 (1986), Sup Ct review denied

 

      Court had authority to treat pleading labeled petition for writ of habeas corpus as requesting post-conviction relief where claims made were cognizable in post-conviction proceeding. Mueller v. Benning, 314 Or 615, 841 P2d 640 (1992)

 

      Whether allegations properly identify defendant as party to action is determined by reference to whole pleading, not just caption. Johnson v. Manders, 127 Or App 147, 872 P2d 420 (1994), Sup Ct review denied

 

      Court is not required to convert defective habeas corpus petition alleging post-conviction relief claim into petition for post-conviction relief. Perry v. Zenon, 127 Or App 682, 874 P2d 89 (1994)

 

      Where summons and complaint are served on, and give reasonable notice to, proper defendant, original complaint’s failure to name or refer to individual or entity capable of being sued does not prevent commencement of action. Mitchell v. The Timbers, 163 Or App 312, 987 P2d 1236 (1999)

 

      Failure to comply with mandatory requirements of rules of civil procedure is “error or defect” only if party attempted to comply with requirements. Mulier v. Johnson, 332 Or 344, 29 P3d 1104 (2001)

 

      Court may not disregard defect of failing to file attorney fee statement within time allotted. Jaffe v. The Principle Company, 215 Or App 385, 170 P3d 4 (2007)