Balboa Apartments v. Patrick, 351 Or 205 (2011)

Holding:   The question of service of an amended complaint in a FED action is controlled by the ORCP, not the FED statute.

1)    When the question is one of statutory construction, “we examine the text of the statute in context and, where appropriate, legislative history and pertinent canons of statutory construction.” citing State v. Gaines. at p. 209.

2)  The various FED statutes show that the legislature knows how to specify FED procedures that differ from the general rules set out in the ORCP. Since no special rules are mentioned as to dealing with amended complaints, those in the ORCP control. at p. 212.

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