Ornduff v. Hobbs

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 08-19-2015
  • Case #: A152444
  • Judge(s)/Court Below: Lagesen, J. for the Court; Nakamoto, P.J.; & Egan, J.
  • Full Text Opinion

An attorney fee statement described in ORCP 68 qualifies as a “motion” or “pleading” under ORCP 15 D, and a court may grant a party permission to file the fee statement after the expiration of the ORCP 68 C(4)(a) filing period.

This case originated as a forcible entry and detainer proceeding that ended with a judgment for Plaintiff. Plaintiff’s filing of an attorney fee statement was outside the 14-day time period specified in ORCP 68 C(4)(a), and the trial court subsequently granted Plaintiff’s motion to file the statement late under ORCP 15 D. Defendant appealed, arguing an attorney fee statement is not a “motion” or “pleading” subject to ORCP 15 D; therefore, an extension cannot be granted. The Court held that an attorney fee statement does qualify as a “motion” or a “pleading” under ORCP 15 D because related rules suggest the drafters intended to include attorney fee statements, and case law supports this reading. The Court noted that ORCP 68 has undergone recent amendment effective January 1, 2016, which will allow a court to extend the time to file a fee statement without interpreting the application of ORCP 15 D. Affirmed.

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