Sorry for the delay in returning to this matter, I will certainly give you top ratings, I was very satisfied with the amount of time you already gave me.
I had follow up questions and did not have time/opportunity till today to get to a computer.
If it is OK here are my questions;
The rule 21 motion filed by the defendant was not related to the request for default order, the rule 21 motion was related to making the complaint more definite and certain.
Defendant responded to my motion for default order with a number of objections, the main objection being that he had talked to me on the phone the month before and had requested, at that time, that I make the complaint more definite. This reply is NOT named a rule 21 motion, is it still a rule 21 motion if this term is not used on the objections?
The reason I ask is that I may be creating a storm in a glass of water; The notice that I have gotten from the court is stating that the hearing is scheduled for a motion 21, and since defendants objection to my motion for default is not named Rule 21 I perceive that as it is the Rule 21 motion to make more definite and certain that will be heard at the scheduled hearing.
(some years ago I was represented by an attorney. My attorney had filed a rule 21 motion. The judge overlooked that the Motion was properly named Rule 21, and almost threw out the case due to this issue, it was not till after his attention was pointed to the fact that "Rule 21" was actually in the name, jst not in the first line of the title.)
As I understand your answer you are saying that; if my complaint is not well founded then it overrides not replying timely to the complaint is that correctly understood?
I was in the process of preparing my request for production and admissions the night I discovered the complaint had not been replied to in time.
If I now file my request for production, my request for admissions, a motion for summary judgment and an amended complaint will I then somehow hurt my request for default order and motion for default judgment?
If the judge does not give me the default judgment I will certainly appeal the decision because of how the ORCP for default judgments read. Where can I read the rules related to appealing.
If I have to restate these questions in a new request I can certainly do so.