Dear [Recipient's Name], I hope this letter finds you well. I am writing to request an extension of time for the service of process in the case [Case Name] currently pending in the [Court Name] in the state of Oregon. As you may be aware, timely service of process is crucial in any legal proceeding. However, due to [explain the circumstances leading to the need for an extension], I find it necessary to request additional time to properly serve the summons and complaint to the defendant in this case. In accordance with the Oregon Rules of Civil Procedure, specifically ORP 7(D)(6), I am hereby requesting an extension of [specific number of days] to complete the service of process. This extension is sought in the best interest of all parties involved, as it will allow for a fair and just resolution to this matter. Furthermore, I assure you that all reasonable efforts have been made to effectuate service within the originally prescribed time frame. However, the aforementioned circumstances [provide specific details] have made it impractical to meet the initial deadline. To facilitate the extension of time, I kindly request that the court grant an order extending the service of process deadline to [proposed new deadline]. This extension will enable me to diligently pursue other means of locating and serving the defendant, ensuring compliance with the court's requirements and upholding the principles of due process. Attached to this letter, you will find supporting documents [if applicable, describe any evidence or legal arguments that strengthen the request]. These documents serve to substantiate the need for an extension and affirm that I am acting in good faith throughout this process. Should you require any additional information or documentation, please do not hesitate to contact me at [your contact information]. I am fully committed to resolving this matter expeditiously and in compliance with all applicable laws and regulations. Thank you for considering my request. I remain respectfully at your disposal and trust that the court will grant this Motion to Extend Time for Service of Process. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Alternative Oregon Sample Letters for Motion to Extend Time for Service of Process: 1. Oregon Sample Letter for Motion to Extend Time for Service of Process in a Criminal Case: This sample letter would be tailored specifically for requesting an extension of time for service of process in a criminal case pending in an Oregon court. 2. Oregon Sample Letter for Joint Motion to Extend Time for Service of Process: This sample letter would be used when both parties involved in a legal proceeding agree upon the need for an extension of time for the service of process. It would highlight the joint request for an extension and the reasons behind it. 3. Oregon Sample Letter for Motion to Extend Time for Service of Process Due to Inability to Identify Defendant's Location: This specific sample letter would be suitable when the party seeking an extension of time has faced challenges in identifying the defendant's current location, making it necessary to request additional time to complete the service. It would provide details about the efforts made to locate the defendant thus far. 4. Oregon Sample Letter for Emergency Motion to Extend Time for Service of Process: This letter would be used in urgent circumstances when immediate action is required to extend the time for service of process. It would outline the emergency situation and the reasons why an extension is necessary to avoid prejudice to the requesting party. Note: Adjust the content of the sample letters according to the specific circumstances and requirements of the case. Also, consult with an attorney or legal professional to ensure compliance with the applicable laws and procedures in Oregon.
Oregon Sample Letter for Motion to Extend Time for Service of Process
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Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
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.
The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive or may require that the party who served the subpoena pay the reasonable costs of production.
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). See ORCP 10 B (adding 3 days when service of motion is by mail, email, fax, or electronic service).
Oregon Rules of Civil Procedure (ORCP) Rule 7D(6) allows a court to order alternative methods of service if service cannot be made by any other method specified by rule or statute. Service may be made by any method or combination of methods most reasonably calculated to advise the recipient of the action.
The ?motion,? ?reply,? or ?answer? must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the defendant's attorney or, if the defendant does not have an attorney, proof of service on the defendant.
24.080. 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.
If the other party is willing to accept service, the filing party may simply mail or hand-deliver a copy of the Summons, petition/complaint, and other documents to the Defendant / Respondent, along with a form called an ?Acceptance of Service.? In family law matters, the Acceptance of Service form is available on the ...
