ORCP 12 (pleadings liberally construed)

ORCP 12 “directs the court to disregard any error or defect in the pleadings or proceedings, so long as the error or defect does not affect the substantial rights of the adverse party.”  Mulier v. Johnson, 332 Or 344, 349, 29 P3d 1104 (2001).  The rule does not define “error” or “defect.”  The Mulier court looked to common definitions to conclude that both terms “describe acts that fail to achieve or complete something that a person has attempted to do. Under ORCP 12 B, then, an error or defect is a failure to achieve or complete an attempt to comply with the requirements of the rules of civil procedure.”  Id.