Denkers v. Durham Leasing Co.

This case involves the application of the language in ORCP 69B.(2) which requires that “[i]f the party against whom judgment [by default] is sought has appeared in the action * * * the party against whom judgment is sought * * * shall be served with written notice of the application for judgment at least 10 days, unless shortened by the court, prior to the hearing on such application.”

An action for breach of contract and deceit was filed in district court in August 1983. Defendant Hunt 1 was served in Oregon but then moved to Oklahoma. Difficulties with discovery followed. Relying on ORCP 46,…