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abuse its discretion afﬁdavit afﬁrmative defense alleged amended by CCP amended complaint ANNOTATIONS OREGON apply asserted attomey fees attomey’s award cause of action cert certiﬁcation class action conceming constitute a claim contract counterclaim County Court of Appeals court’s cross-claim damages defendant defendant’s motion deposition determine directed verdict discovery dismiss under ORCP employee entitled evidence ex rel facts sufﬁcient failed failure favor ﬁle ﬁled ﬁling ﬁndings ﬁrst former genuine issue insufﬁcient issue of material joinder jury LEXIS liability litigation matter of law motion for summary motion to dismiss moving party negligence notice ofﬁce ofﬁcer ORCP 21 ORCP 23A ORCP 47 original complaint Paciﬁc party’s personal jurisdiction plaintiff plaintiffs complaint procedure proceeding pursuant to ORCP reasonable relate back replaced by ORCP request review denied speciﬁc statute of limitations subdivision subpoena subsection sufﬁcient to constitute summary judgment summons Supreme Court trial court trial court erred waived