Oregon Sample Letter to Circuit Clerk with Instructions to File Order
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How to fill out Sample Letter To Circuit Clerk With Instructions To File Order?
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FAQ
The court may hold a hearing where you can ?show cause? why the court should not terminate your diversion agreement. The court will send notice of such hearings by regular mail. If you fail to appear in court, the court can terminate the diversion agreement and may issue a warrant for your arrest.
? To start a case, fill out the Small Claim and Notice of Small Claim form located on our website at and pay the filing fee. o If you are asking for money damages, you must itemize and prove your actual loss. Guesses or rough estimates are not good enough.
A motion to modify or set aside an order or judgment or request a new hearing must be accompanied by an affidavit that states with reasonable particularity the facts and legal basis for the motion.
If you've received an order for show cause, it's critical to contact an attorney immediately. These orders are sent when a judge has concluded that you have violated a legal agreement. For example, perhaps you have violated the terms of your probation or the conditions of a diversion program.
Fill out the Motion for Order to Vacate Judgment/Order of Dismissal/Order of Default and Declaration in Support (MOTION). Fill out the Certificate of Mailing (CERTIFICATE). Fill out and sign the Notice of Proposed Judgment or Order (NOTICE). Make two copies of the MOTION, CERTIFICATE, and NOTICE.
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.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
All motions/petitions and notices of motion must be filed with the Clerk of Court either in Room 802 of the Daley Center or at any of the offices located at the suburban municipal district courthouses. If your motion/petition is not filed before you come to court, the judge may not hear your motion.
