Portland Oregon Affidavit in Support of Motion to Bifurcate Proceeding and Set Hearing for Appointment of Conservator - Bifurcation

State:
Oregon
City:
Portland
Control #:
OR-HJ-077-08
Format:
PDF
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A08 Affidavit in Support of Motion to Bifurcate Proceeding and Set Hearing for Appointment of Conservator - Bifurcation
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  • Preview A08 Affidavit in Support of Motion to Bifurcate Proceeding and Set Hearing for Appointment of Conservator - Bifurcation
  • Preview A08 Affidavit in Support of Motion to Bifurcate Proceeding and Set Hearing for Appointment of Conservator - Bifurcation

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FAQ

ORCP 21 ? DEFENSES AND OBJECTIONS; HOW PRESENTED; BY PLEADING OR MOTION; MOTION FOR JUDGMENT ON THE PLEADINGS. DEFENSES AND OBJECTIONS; HOW PRESENTED; BY PLEADING OR MOTION; MOTION FOR JUDGMENT ON THE PLEADINGS.

Not more than 30 days after motion is filed and served; the court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied.

(1) Notice required. 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.

The out-of-pocket costs to begin a guardianship in Oregon are the filing fee, which is $124 (in 2019); the fee for the court visitor, which varies by county but is generally between $300 and $600; and the expenses for having the respondent personally served, getting certified copies from the court, etc., which are

ORCP 43 ? PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. RULE 43. A Scope.

OREGON COURTS (DOES NOT INCLUDE LOCAL RULES) ORS 12.020 (1). If service occurs within 60 days of filing of the complaint, the action commences on the date of filing. If service occurs outside the 60 days, the action is commenced on the date of service.

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.

? Oregon Rules of Civil Procedure (ORCP) 2021 Edition.

Motion to dismiss for reason that pleading shows action has not been commenced within time limited by statute is limited to what appears on face of pleading and, in considering motions to dismiss, court looks not to superceded original complaint but only facts alleged in amended complaint.

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Portland Oregon Affidavit in Support of Motion to Bifurcate Proceeding and Set Hearing for Appointment of Conservator - Bifurcation