Oregon Motion and Declaration is a legal document prepared by one or both parties in a court case. It is typically filed in the Circuit Court of Oregon as part of the discovery process. It is a formal request for information and/or documents from the opposing party and can also be used to set forth issues and facts that a party wishes to establish at trial. Furthermore, it can be used to obtain admissions from the opposing party or to ask the court to issue a judgment on the case without a trial. There are two main types of Oregon Motion and Declaration: a Motion for Summary Judgment and a Motion for Partial Summary Judgment. A Motion for Summary Judgment will ask the court to render a judgment based on the facts and evidence presented without any further proceedings. A Motion for Partial Summary Judgment will ask the court to issue a partial judgment on the case without having to go to trial.
Oregon Motion and Declaration
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FAQ
Parties to a divorce case may make immediate requests from the court for ?Temporary Orders.? These requests are made by filing for a hearing called an ?Order to Show Cause (OSC).? An OSC is simply an appointment to see the judge, wherein the parties ask the judge to make certain orders.
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.
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.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion . This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing .
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
This type of modification starts with a motion called an Ex Parte Motion for Order to Show Cause re: Judgment Modification and Declaration in Support. This Motion tells the court what you want. It ends with a Supplemental Judgment. The Judgment contains the changes that the court makes to your old judgment.
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.
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.