Rule 24.010 - POST-CONVICTION RELIEF - CASE INITIATION; DEFENDANT'S MOTION, DEMURRER, OR ANSWER(1)(a) Counsel appointed for petitioner has 120 days from the date of appointment to file an amended petition, a notice that petitioner will proceed on the original petition, or, if unable to plead a viable claim for relief or proceed on the original petition, an affidavit pursuant to ORS 138.590(5). (b) A motion for extension of time to file an amended petition, a notice that petitioner will proceed on the original petition, or an affidavit pursuant to ORS 138.590(5) shall be granted only upon demonstrated good cause.(c) Counsel's written notification to the court that the case will proceed on the original petition constitutes counsel's ORCP 17 C certification of the original petition filed by petitioner when petitioner was self-represented.(d) Counsel must attach to the filing of an amended petition, an affidavit pursuant to ORS 138.590(5), or a notice that petitioner will proceed on the original petition proof of mailing demonstrating that said filing was mailed to petitioner prior to or concurrent with the filing of such document with the court.(2)(a)(i) For cases with court-appointed counsel, defendant shall not file an answer, demurrer, or motion until petitioner has filed a notice that petitioner will proceed on the original petition, an amended petition, or an affidavit pursuant to ORS 138.590(5), or the time for filing has expired. (ii) Defendant has 30 days after the notice, amended petition, or affidavit is entered in the court register, or from the expiration of the time for filing, to file an answer, demurrer, or motion against the pleadings.(iii) Defendant may file a motion to dismiss as time-barred or successive at any time after appointed counsel has appeared on the case.(b) If the petition is filed by counsel, or if petitioner files the petition pro se and does not seek appointment of counsel, defendant has 30 days from the date the petition is entered in the court register to file an answer, demurrer, or motion against the pleadings.(c) A motion for extension of time to file an answer, any other motion, or demurrer shall be granted only upon demonstrated good cause.(3) If defendant files a demurrer or motion against the pleadings, petitioner has 30 days to file a response.(4) If petitioner files a response to defendant's demurrer or motion against the pleadings, defendant has 20 days to file a reply.(5) If the court grants defendant's demurrer or motion against the pleadings and if it appears to the court that there is a reasonable expectation that petitioner will be able to cure the defect, the court shall grant petitioner 30 days to file an amended petition. The court may allow additional time to file the amended petition with good cause shown.(6) If the court denies defendant's motion against the pleadings, defendant has 14 days to file an answer.(7) Any motion for an extension of any filing deadline under this subsection must reflect in the caption the number of extensions that have been requested, including the current request. If filed by petitioner's counsel, a motion for an extension of a filing deadline must state that petitioner has been informed of the motion.Or. Uni. Trial. Ct. R. 24.010