An Oregon Affidavit in Support of Motion is a sworn statement of facts in support of a motion that a party is filing in an Oregon court. It is used to convince the court that the motion should be granted. The affidavit must be signed in the presence of a notary public or other authorized officer. There are two types of Oregon Affidavit in Support of Motion: an Affidavit in Support of Motion for Summary Judgment, and an Affidavit in Support of Motion to Strike. An Affidavit in Support of Motion for Summary Judgment is used to support a motion for summary judgment, which is a legal procedure wherein the court renders a judgment without a trial based on the facts presented. An Affidavit in Support of Motion to Strike is used to support a motion to strike, which is a legal procedure wherein the court orders a party to remove certain facts or evidence from a case.
Oregon Affidavit in Support of Motion
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How to fill out Oregon Affidavit In Support Of Motion?
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FAQ
If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect.
From the desk of Kyle Riley: When a default judgment has been entered, the defaulted party is obligated to pay the amount of the judgment unless they are able to set aside the judgment. In most cases, the amount of the default judgment is the full amount of the damages sought by the plaintiff in the complaint.
If a person cited for a violation (a ?defendant?) fails to appear at the time scheduled for a first appearance, or at the time scheduled for trial, the court may enter a money judgment against the defendant under Oregon law.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
To request a default judgment, you must file a Motion for Default Judgment & Defendant Status Declaration with the court within a certain number of days from the date of service or your case may be dismissed after written notice to you. You may have to re-file your claim and pay filing fees again if this happens.
If the other party does not file a response within 30 days, you may request an Order of Default. Default means that you are asking the judge to award you what you asked for in your Motion because the other party did not file a response.
Rule 24.080 - CONTINUANCES (1) Motions to continue a hearing or trial may be made to the judge presiding over the hearing or trial, or such other judge as may be designated by supplementary local rules. The judge may allow a continuance for good cause shown.
ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.