Eklof v. Persson

Summary

The Oregon Supreme Court reversed the Court of Appeals and the circuit court, holding that under ORCP 23 A the primary inquiry for leave to amend is prejudice, but futility may also be considered, and that judicially noticeable facts may be examined to assess futility; consequently, the post‑conviction court abused its discretion by denying amendment of non‑futile claims and the case was remanded.