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Oregon Revised Statutes

Or. Rev. Stat. § 138.610 (2026)

Pleadings

✓ current as of May 2026
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      138.610 Pleadings. Within 30 days after the docketing of the petition, or within any further time the court may fix, the defendant shall respond by demurrer, answer or motion. No further pleadings shall be filed except as the court may order. The court may grant leave, at any time prior to entry of judgment, to withdraw the petition. The court may make appropriate orders as to the amendment of the petition or any other pleading, or as to the filing of further pleadings, or as to extending the time of the filing of any pleading other than the original petition. [1959 c.636 §11]

Notes of Decisions
Cited in 46 cases (6 in the last 5 years), 1963–2026 · leading case: Eklof v. Steward, 385 P.3d 1074 (Or. 2016).
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Eklof v. Steward, 385 P.3d 1074 (Or. 2016). · cites it 2× “However, any prior petition or amended petition which was withdrawn prior to the entry of judgment by leave of the court, as provided in ORS 138.610, shall have no effect on petitioner’s right to bring a subsequent petition.”
Ogle v. Nooth, 330 P.3d 572 (Or. 2014). · cites it 3× “ORS 138.610. If the petition states a ground for relief — that is, if it is not subject to dismissal as a meritless petition under ORS 138.”
Ogle v. Nooth, 453 P.3d 1274 (Or. 2019). · cites it 3× “The post-conviction statutes also include a statute providing for the amendment of petitions: ORS 138.610. It states that a post-conviction court “may make appropriate orders as to the amendment of the petition or any other pleading.”
Ramsey v. Thompson, 986 P.2d 54 (Or. Ct. App. 1999). · cites it 5× “ORS 138.610. Consequently, we reverse and remand for further proceedings.”
Watkins v. Ackley, 523 P.3d 86 (Or. 2022). “In Chavez, the petitioner similarly asserted to the entry of judgment by leave of the court, as provided in ORS 138.610, shall have no effect on petitioner’s right to bring a subsequent petition.”
Ware v. Hall, 154 P.3d 118 (Or. 2007). · cites it 3× “590 authorizes indigent petitioners to file a request for appointed counsel simultaneously with the petition and authorizes trial courts to appoint counsel when appropriate; ORS 138.610 directs the superintendent to respond to a petition “by demurrer, answer or motion”; and ORS…”
Wells v. Santos, 155 P.3d 887 (Or. Ct. App. 2007). · cites it 3× “Petitioner returned the draft with corrections to counsel on May 21, 2004, but counsel was involved in a horse riding accident that prevented him from tendering the second amended petition for filing any earlier than June 23,2004. Petitioner concludes that the post-conviction…”
Strasser v. State of Oregon, 489 P.3d 1025 (Or. 2021). “However, any prior petition or amended petition which was withdrawn prior to the entry of judgment by leave of the court, as provided in ORS 138.610, shall have no effect on petitioner’s right to bring a subsequent petition.”
Caldeen Constr., LLC v. Kemp, 273 P.3d 174 (Or. Ct. App. 2012). · cites it 2× “">184 Or App 690, 698 , 60 P3d 1076 (2002), rev den, 335 Or 225 (2003) (a trial court’s discretion to grant or deny a motion to amend under ORCP 23 A is limited by that rule’s requirement that leave to amend “shall be freely given when justice so requires”); Ramsey, 162 Or App…”
Kinkel v. Persson, 367 P.3d 956 (Or. Ct. App. 2016). “However, any prior petition or amended petition which was withdrawn prior to the entry of judgment by leave of course, as provided in ORS 138.610, shall have no effect on petitioner’s right to bring a subsequent petition.”
Snyder v. Amsberry, 474 P.3d 417 (Or. Ct. App. 2020). “590 (authorizing appointment of counsel); ORS 138.610 (permitting amendments); ORS 138.”
Allen v. Premo, 284 P.3d 1199 (Or. Ct. App. 2012). “Benning, 314 Or 615 , 621 n 6, 841 P2d 640 (1992) (unless otherwise provided for in the post-conviction statutes, Oregon Rules of Civil Procedure apply to post-conviction proceedings); ORS 138.610 (allowing post-conviction courts to “make appropriate orders as to the amendment…”
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— Or. Rev. Stat. § 138.610(3) — 1 case
White v. Premo, 399 P.3d 1034 (Or. Ct. App. 2017).
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