UTCR 5.010 I did not receive a call

[nwuser]

What is the name of your state? Oregon

I had a lawsuit filed against a party. My attorney and I parted ways because I felt he was spineless and he wanted me to take a compromise. He said he would file a motion for default judgement before withdrawing. Now the defendent's attorney sent me a copy of a "motion to dismiss plaintiff's complaint" by email
1. It reads oral argument requested with 30 mins - Does that mean court will assign a 30 min hearing slot for me to argue or should I file a motion requesting oral argument?
2. It reads "attempted to confer by telephone and email but was unable to contact Plaintiff". - I had an unsolicited call which I did not pick up few days back. The first time I received an email communication was when I received the above email. Is what the defendent did sufficient enough under UTCR 5.010? Or will he change that statement if I give him my phone number and we talk (and obviously disagree on our positions)
3. I plan on giving him my phone number per his request in the above email but is he being truthful in trying to reach out to me

I am trying to prepare for the worst case scenario which is me being without an attorney for the appointed date. Is there some place where I can get advice on legal procedures and motions that I can file for my specific case/approach (other than studying for JD). I am being careful now in selecting my attorney but I am trying to work out multiple avenues towards finding one.
Thank you for your time.

 

[quincy]

https://www.osbar.org/public/ris/index.html

I hope you don’t waste too much time being “picky.” You appear to need an attorney immediately.

edit: I see you removed the word “picky” from your post. “Being careful” is much better.

 

[quincy]

Here is a link to UTCR 5.010, as amended on August 1, 2019:

https://www.courts.oregon.gov/rules/UTCR/2019_UTCR_ch5.pdf

 

[nwuser]

Thanks a bunch.
1. So from what I read ORCP 21 is a set of motions that a defense can make. The defendent in my case is using ORCP 21A for his case. Specifically 1 and 8 of ORCP 21A which are allowed under UTCR 5.010. I also see that he has listed 21A(6). Should not it be 21A(8)??
2. I dont see any reference to ORCP 36-46. So he is not yet invoking the provision that he could not reach me, though he is stating it in the motion - " attempted to confer with pro se Plaintiff by telephone and email but was unable to contact Plaintiff.".
3. Since I am currently pro se, will I get a copy from the court in my snail mail?
4. Do I get 14 days to submit a memorandum to state why my complaint still has merits, from the date on the snail mail or from when the defendent sent it to me by email?
5. Any tips on how I can draft a memorandum? Just mimic the format of the defendent?

 

[Zigner]

Thanks a bunch.
1. So from what I read ORCP 21 is a set of motions that a defense can make. The defendent in my case is using ORCP 21A for his case. Specifically 1 and 8 of ORCP 21A which are allowed under UTCR 5.010. I also see that he has listed 21A(6). Should not it be 21A(8)??
2. I dont see any reference to ORCP 36-46. So he is not yet invoking the provision that he could not reach me, though he is stating it in the motion - " attempted to confer with pro se Plaintiff by telephone and email but was unable to contact Plaintiff.".
3. Since I am currently pro se, will I get a copy from the court in my snail mail?
4. Do I get 14 days to submit a memorandum to state why my complaint still has merits, from the date on the snail mail or from when the defendent sent it to me by email?
5. Any tips on how I can draft a memorandum? Just mimic the format of the defendent?

You need an attorney.

 

[quincy]

I agree with Zigner. You are unlikely to learn fast enough on an Internet forum what you need to know to handle what is currently before the court.

Please find an attorney in your area to assist.