Eaton

ORCP 12 A provides that “[a]ll pleadings shall be liberally construed with a view of substantial justice between the parties.” ORCP 12 B provides that “[t]he court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party.”

Petitioner appealed from a judgment denying a simultaneous change of name and legal change of sex. Petitioner assigned error to the trial court’s failure to liberally construe the pleadings and the failure to disregard error in the pleadings that did not impact any substantial rights of an adverse party. ORCP 12 A provides that “[a]ll pleadings shall be liberally construed with a view of substantial justice between the parties.” ORCP 12 B provides that “[t]he court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party.” The Court found that dismissal without clarifying the petitioner’s intent or without reaching the merits of the petition was an error. Since the pleadings could be understood in a way that did not contemplate only a future change the Court found that the trial court erred in failing to liberally construe the pleadings. The trial court denied the petition based on the construction of the pleading rather than the merits of the petition. Reversed and remanded.