Dickey v. Rehder

Plaintiff took a default judgment against defendant, and defendant subsequently filed a motion to set it aside pursuant to ORCP 71 B(l). Defendant’s motion, however, was not accompanied by a responsive pleading, as required by that rule and by Duvall v. McLeod, 331 Or 675, 680, 21 P3d 88 (2001). When plaintiff opposed the motion, he brought that defect to the attention of the court and defendant. Defendant then sought to withdraw the defective ORCP 71 B(l) motion so that she could refile one that was fully compliant. The trial court allowed defendant to do that and, after the new motion was…