Oregon Sample Letter for Filing of Motion to Dismiss - Motion of Admission
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How to fill out Sample Letter For Filing Of Motion To Dismiss - Motion Of Admission?
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FAQ
Both Parties Stipulate (Agree) to Dismiss. If you both agree the case should be dismissed, fill out the Stipulated Motion (Form 3) and General Judgment of Dismissal (Form 4). Make sure both of you sign your names on the appropriate lines on both forms. Make a copy of the form(s) for your own records.
A Motion to Set Aside a Conviction, if granted by the court, sets aside the record of conviction and the applicant is deemed not to have been previously convicted. The court orders the record of the conviction, and any other official records in the case, to be sealed.
(ADULT CASES) A set-aside is sometimes called expungement or expunction. It means that the court record of a criminal or contempt case is sealed by the court and will not appear in official court records. You should be aware that set-aside cases can be unsealed in certain limited circumstances.
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.
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.
'Vacating' or 'setting aside' is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or 'no contest' judgment). On the other hand, 'dismissing' applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.
Response to Motion (Other Than Motion For Summary Judgment) 14 days from service or filing of the motion, whichever is later.
A motion to set aside (expunction) is a legal proceeding for sealing a record of a criminal arrest and conviction. After a motion is granted, all official records of the arrest and conviction are sealed. In the eyes of the law, the arrest or conviction did not occur and the record does not exist.
