This is a multi-state form covering the subject matter of the title.
Oregon Motion for Order of Remand for further consideration
State:
Multi-State
Control #:
US-MOT-01423
Format:
Word;
Rich Text
Instant download
Description
How to fill out Motion For Order Of Remand For Further Consideration?
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FAQ
(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.
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.
A Motion to Set Aside is a legal proceeding for sealing a record of criminal arrest and/or conviction. After such a motion is granted, most official records related to the filing are sealed. In the eyes of law, the arrest and/or conviction did not occur, and the record does not exist.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case. Improper rulings, errors in procedure, or the exclusion of admissible evidence may result in a lower court's decision being overturned and sent back for further action.
(2) In citing a specific rule of the Oregon Rules of Civil Procedure, the designation "ORCP (number of rule)" may be used. For example, Rule 7, section D, subsection (3), paragraph (a), subparagraph (iv), part (A), may be cited as ORCP 7 D(3)(a)(iv)(A).
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.
