The ORCP 71 Guide: What it Means for You
Key Takeaways
ORCP 71 allows a judgment to be changed or set aside under special circumstances.
These circumstances include clerical mistakes, excusable neglect, newly discovered evidence, fraud, void judgments, or satisfaction of the judgment.
ORCP 71 applies to civil cases, not criminal convictions or sentences.
The party seeking relief must act in a reasonable time after receiving the judgment.
After a court enters a judgment, most people assume the case is over. However, ORCP 71 provides a way for a case to be reopened if there have been mistakes, fraud, newly discovered evidence, and other extraordinary circumstances.
In this guide, we’ll explain everything you need to know about this rule, including when it applies and what it might mean for you.
What Is ORCP 71?
While the legal system values finality, it also recognizes that sometimes mistakes happen. ORCP 71 provides a way for someone to ask the court for “relief from judgment or order.” In other words, a court may correct, modify, or set aside a judgment under specific circumstances.
When Is It Applied?
ORCP 71 is usually invoked after a judgment has been entered and a party believes there is a legal basis to have it corrected. ORCP 71 may be applied in these circumstances:
Clerical mistakes: When a judgment contains a clerical mistake, such as a typographical error, mathematical miscalation, or omission, the court may correct the error without revisiting the case.
Mistake, inadvertence, surprise, or excusable neglect: One of the most commonly invoked grounds for relief is excusable neglect. Courts may set aside a judgment when a party’s failure to act resulted from circumstances that a reasonably prudent person might have encountered despite exercising ordinary care.
Newly discovered evidence: If a party discovers evidence that could not have been found earlier and that could change the outcome of the case, a judgment can be reopened.
Fraud, misrepresentation, or misconduct: If the opposing party obtained a judgment through fraud, misrepresentation, or other misconduct, relief may be available.
Void judgments: A judgment entered without proper jurisdiction or in violation of fundamental due process may be deemed void.
Satisfaction or changed circumstances: A court may grant relief when a judgment has been satisfied or when continued enforcement would no longer be fair because circumstances have changed significantly.
What Types of Cases Does It Apply to?
ORCP stands for the Oregon Rules of Civil Procedure, so ORCP 71 applies to judgments and orders entered in Oregon civil courts, not for criminal convictions or sentences. These may include:
Personal injury lawsuits
Contract disputes
Business litigation
Debt collection cases
Landlord-tenant disputes
Property disputes
Employment cases
Family law matters (where ORCP applies)
What’s a Good Reason to Set Aside a Default Judgment in Oregon?
A default judgment occurs when the defendant does not respond to a lawsuit within a specific timeframe (usually 20 to 30 days) after they have been served. A judgment is made in their absence, ruling in favor of the plaintiff. A default judgment may be set aside when the defendant can provide a legally recognized reason for failing to appear.
Not every excuse will persuade a court to set aside a default judgment. Oregon courts usually require more than carelessness or deliberately ignoring the lawsuit. The strongest cases usually involve circumstances where the defendant didn’t have a fair opportunity to present their defense and acted as soon as they learned of the judgment.
Some of the strongest grounds include:
Lack of proper service: If the defendant was never properly served with the summons and complaint. For example, court papers were delivered to the wrong address.
Excusable neglect: When a reasonably prudent person could have made the same mistake under the circumstances, such as a serious medical emergency or hospitalization.
Mistake: When a default results from an honest mistake. For example, a defendant mistakenly believing their insurance company had already retained counsel and filed a response
Fraud: If the judgment was obtained through deceptive conduct. For example, a party knowingly provides false information.
Newly discovered evidence: If significant evidence is found after judgment and could not have been reasonably discovered earlier.
Partner with Powell Law to Seek Relief
Just because a judgment has been entered doesn’t mean your civil case is completely closed. ORCP 71 provides a way for judgments or orders to be corrected, modified, or set aside under specific circumstances.
Before you petition for relief from judgment, you need an experienced attorney on your side. ORCP 71 cases can be complicated, and an attorney who understands Oregon law will give you the best chance possible.
At Powell Law, we’re passionate about fighting for your rights. We’ll analyze your case and help you prepare your motion. Call today or contact us for a consultation!
FAQs
What conditions have to be met?
The person seeking relief must show that one of the grounds recognized by ORCP 71 applies. Common grounds include:
Clerical error
Mistake, inadvertence, surprise, or excusable neglect
Newly discovered evidence
Fraud
A void judgment
Satisfaction of the judgment
How long does it take?
The timeline depends on the court, the complexity of the case, and whether the opposing party contests the motion. Expect a timeline of several weeks to months.
How long do I have to file an ORCP 71 motion?
For claims involving a mistake, excusable neglect, newly discovered evidence, or fraud, the motion generally must be filed within a reasonable time and no later than one year after the notice of the judgment. Other grounds, such as void judgments, may not be subject to the one-year limit, but they still must be raised within a reasonable time.
Do I automatically get a hearing?
Not necessarily. Some motions are decided based on written submissions, while others require oral arguments or an evidentiary hearing. The courts have the discretion to determine when a hearing is necessary.
Can I file an ORCP 71 motion without a lawyer?
Yes, you may legally represent yourself. However, ORCP 71 motions can be fairly complex, requiring detailed affidavits, evidence, and legal arguments. Hiring an attorney like Powell Law can help you evaluate whether you have sufficient grounds, meet all deadlines, and present the best case possible.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
