Duvall v. McLeod

This negligence action arose out of a traffic accident. Plaintiff obtained a default judgment against defendant in July 1995, awarding her nearly $70,000 in damages. Defendant then filed a motion under Oregon Rules of Civil Procedure (ORCP) 71 B(l) 1 for relief from that default judgment. The issue on review is whether ORCP 71 B(l), which requires that a motion for relief from default judgment be “accompanied by” a pleading or a motion to dismiss, precluded the trial court from separately accepting the pleading or motion to dismiss after defendant already had tendered the motion for relief.…