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Oregon Petitioner's Motion & Declaration in Support of Order for Less Restrictive Terms

State:
Oregon
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OR-SKU-0265
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Petitioner's Motion & Declaration in Support of Order for Less Restrictive Terms

Oregon Petitioner's Motion & Declaration in Support of Order for Less Restrictive Terms is a legal document used in the state of Oregon to request the court to modify the terms of an existing court order. This document can be used by a party to request a modification of a restraining order, protective order, or similar court order that restricts the rights of another party. The motion must be supported by a declaration, sworn to be true, that explains why the petitioner believes the order should be modified to be less restrictive. This document can also be used to request the court to modify the terms of a probation order, such as reducing the amount of restitution or supervision. There are two types of Oregon Petitioner's Motion & Declaration in Support of Order for Less Restrictive Terms: (1) Motion for Modification of Restraining/Protective Order, and (2) Motion for Modification of Probation Order.

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FAQ

A party may make one motion to dismiss for lack of jurisdiction over the person or insufficiency of summons or process or insufficiency of service of summons or process without consolidation of defenses required by this section.

Not more than 30 days after motion is filed and served; the court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

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.

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.

The motion and all supporting documents must be served and filed at least 60 days before the date set for trial. The adverse party shall have 20 days in which to serve and file opposing affidavits or declarations and supporting documents. The moving party shall have five days to reply.

Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own motion or on the motion of any party and after such notice to all parties who have appeared, if any, as the court orders.

Response to Motion (Other Than Motion For Summary Judgment) 14 days from service or filing of the motion, whichever is later. UTCR 5.030(1).

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. Look at Oregon Rules of Civil Procedure (ORCP) Rule 69 for more detailed information.

More info

COMES NOW, the Petitioner, pursuant to s. 790. Complete the following forms and notarize the ones with a notary signature line: A. 12 Rules of Courtroom Civility - (does not need to be notarized).If an individual applicant or petitioner is filing this appeal or motion, provide his or her full legal name. First, write the full name of the person filing a motion (the petitioner). 1. Petitioner Name is the name of the person filing the motion. Fill in that person's name, telephone number and complete mailing address with zip code. MOTION INSTRUCTIONS: o You will complete and file the original Motion, the original Affidavit, and the original proposed Order with the Clerk of Court. Download and complete Motion forms from the Illinois Office of the Courts. If you do not have Acrobat Reader DC, a free edition can be downloaded from the Adobe website. ✓ Identification required for the parties completing the tests.

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Oregon Petitioner's Motion & Declaration in Support of Order for Less Restrictive Terms