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Oregon Revised Statutes

Or. Rev. Stat. § 419B.857 (2026)

Pleadings; construction

✓ current as of May 2026
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      419B.857 Pleadings; construction. (1) All petitions, answers, motions and other papers must be liberally construed with a view of substantial justice between the parties.

      (2) In every stage of an action, the court shall disregard an error or defect in a petition, answer, motion, other paper or proceeding that does not affect the substantial rights of the adverse party. [2001 c.622 §17]

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2010–2023 · leading case: Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011).
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Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). · cites it 3× “Confronting that dilemma, we concluded, referencing ORS 419B.857, see 246 Or App at 293 , that the appropriate distinction is whether the difference between the facts on which the court bases continuing jurisdiction and those *296 embodied in the jurisdictional judgment “affect…”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010). · cites it 3× “1 ORS 419B.857 provides: “(1) All petitions, answers, motions and other papers must be liberally construed with a view of substantial justice between the parties.”
Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011). · cites it 2× “ORS 419B.857 informs the proper accommodation of the state’s duty to efficiently determine an at-risk child’s fate and a parent’s right to notice — without which the parent can neither prepare a defense nor properly address the circumstances or conditions that, according to the…”
T. W. v. C. L. K., 310 Or. App. 80 (Or. Ct. App. 2021). · cites it 2× “The department’s contention that, regardless of what was actually pleaded and proven, separate and alternative bases can be unspoken yet “fairly implied” in the jurisdictional judgment is contrary to ORS 419B.857. In denying father’s motion to dismiss those juris- dictional…”
Dep't of Human Servs. v. C. L., 295 P.3d 72 (Or. Ct. App. 2012). · cites it 2× “, the underlying rationale for that conclusion is that, when it is the parent’s obligation to do certain things to prevent the state from assuming or continuing jurisdiction, ORS 419B.857 6 requires that the parent have notice from the *214 petition or jurisdictional judgment as…”
Dept. of Human Servs. v. L. A. K., 474 P.3d 925 (Or. Ct. App. 2020). “ORS 419B.857(2). In the second situation, in order to preserve the substantial rights of the parent, the court must direct that the petition be amended and grant such continuance as the interests of justice may require.”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “DHS responds that when the term “pleading” is lib- erally construed with a view of substantial justice toward the parties as ORS 419B.857(1) requires, a declaration can constitute a pleading, because it sets out allegations of abuse and/or neglect.”
Dep't of Human Servs. v. J. R. L., 300 P.3d 291 (Or. Ct. App. 2013). “” ORS 419B.857(2). Under the test articulated in G.”
— Or. Rev. Stat. § 419B.857(1) — 3 cases
Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). “Confronting that dilemma, we concluded, referencing ORS 419B.857, see 246 Or App at 293 , that the appropriate distinction is whether the difference between the facts on which the court bases continuing jurisdiction and those *296 embodied in the jurisdictional judgment “affect…”
Dept. of Human Servs. v. M. P., 537 P.3d 593 (Or. Ct. App. 2023). “DHS responds that when the term “pleading” is lib- erally construed with a view of substantial justice toward the parties as ORS 419B.857(1) requires, a declaration can constitute a pleading, because it sets out allegations of abuse and/or neglect.”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010). “1 ORS 419B.857 provides: “(1) All petitions, answers, motions and other papers must be liberally construed with a view of substantial justice between the parties.”
— Or. Rev. Stat. § 419B.857(2) — 5 cases
Dept. of Human Servs. v. L. A. K., 474 P.3d 925 (Or. Ct. App. 2020). “ORS 419B.857(2). In the second situation, in order to preserve the substantial rights of the parent, the court must direct that the petition be amended and grant such continuance as the interests of justice may require.”
Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). “Confronting that dilemma, we concluded, referencing ORS 419B.857, see 246 Or App at 293 , that the appropriate distinction is whether the difference between the facts on which the court bases continuing jurisdiction and those *296 embodied in the jurisdictional judgment “affect…”
Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011). “ORS 419B.857 informs the proper accommodation of the state’s duty to efficiently determine an at-risk child’s fate and a parent’s right to notice — without which the parent can neither prepare a defense nor properly address the circumstances or conditions that, according to the…”
T. W. v. C. L. K., 310 Or. App. 80 (Or. Ct. App. 2021). “The department’s contention that, regardless of what was actually pleaded and proven, separate and alternative bases can be unspoken yet “fairly implied” in the jurisdictional judgment is contrary to ORS 419B.857. In denying father’s motion to dismiss those juris- dictional…”
Dep't of Human Servs. v. J. R. L., 300 P.3d 291 (Or. Ct. App. 2013). “” ORS 419B.857(2). Under the test articulated in G.”
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