Oregon Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?
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FAQ
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.
Any party to or any attorney appearing in any cause, matter or proceeding in a circuit court may establish the belief described in ORS 14.250 (Disqualification of judge) by motion supported by affidavit that the party or attorney believes that the party or attorney cannot have a fair and impartial trial or hearing ...
(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 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.
There will be a signed Order to Show Cause which either grants or denies the Motion to have the other party respond to your requested changes. You must appear at scheduled hearings or your requested changes may be denied.
To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice.
'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.
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.