(2) The plaintiff may move to strike the return or any allegation or defense in the return. The defendant may move to strike the replication or any new matter in the replication, or by proof controvert the same, as upon a direct denial or avoidance.
(3) The return and replication shall be made within such time as the court or judge shall direct, and the petition, return and replication shall be construed and have the same effect as in an action. [Amended by 1979 c.284 §74; 1991 c.884 §8]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 34.040 - When allowed.
Section 34.105 - Definitions for ORS 34.105 to 34.240.
Section 34.120 - Courts having jurisdiction.
Section 34.130 - Petition for writ; service; order of allowance; intervention.
Section 34.140 - Direction and service of writ; proof of service; enforcing obedience to writ.
Section 34.150 - Peremptory and alternative writs; form.
Section 34.210 - Recovery of damages; attorney fees, costs and disbursements.
Section 34.250 - Certain mandamus proceedings under Supreme Court’s original jurisdiction.
Section 34.330 - Who may not prosecute writ.
Section 34.360 - Contents of petition when person challenges authority for confinement.
Section 34.430 - Defect of form; designation of persons.
Section 34.540 - Contents of return.
Section 34.600 - When party to be remanded.
Section 34.610 - Grounds for discharge of prisoner in custody under order or civil process.
Section 34.700 - Judgment; liability for obedience to judgment; payment of attorney fees.