Oregon Rules of Civil Procedure Annotations

ORCP 19

 

      See annotations under ORS 16.290 in permanent edition.

 

ORCP 19B

 

NOTES OF DECISIONS

 

      Defendant’s assertion, in motion to dismiss original complaint, that action was time barred, does not avoid waiver of limitations defense when defendant does not affirmatively allege defense in answer to amended complaint. Simpson v. Simpson, 83 Or App 86, 730 P2d 592 (1986), Sup Ct review denied

 

      Defense of usury had to be affirmatively pleaded by defendant who sought to rely on it at trial. Arnold Machinery Co. v. CSL Building Corp., 84 Or App 132, 733 P2d 115 (1987)

 

      Defenses of mitigation and avoidable consequences need not be pleaded affirmatively and, therefore, trial court erred in excluding evidence for those defenses on that basis. Marcoulier v. Umsted, 105 Or App 260, 805 P2d 140 (1991), Sup Ct review denied

 

      For purposes of issue preclusion, guilty plea to criminal charge has same effect as conviction following full adjudication. State Farm Fire and Casualty Co. v. Sallak, 140 Or App 89, 914 P2d 697 (1996), Sup Ct review denied

 

ORCP 19C

 

      See annotations under ORS 16.030, 16.240 and 16.620 in permanent edition.