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Oregon motion to dismiss form

Oregon motion to dismiss form 2025

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The document provides a step-by-step guide for individuals seeking to vacate a Judgment of Dismissal or an Order for Default in the Circuit Court of Linn County, Oregon. It outlines the necessary forms to complete, including a Motion, Certificate of Mailing, and Notice of Proposed Judgment, as well as the filing process and requirements for notifying other parties involved. The document emphasizes the importance of demonstrating good cause for excusable neglect and details the procedure to follow if the court grants or denies the request.

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Click ‘Get Form’ to open the Oregon Motion to Dismiss form in our platform's editor.
Begin by filling out the 'Motion for Order to Vacate Judgment/Order of Dismissal/Order of Default' section. Clearly state the reasons for your request and provide relevant dates.
Complete the 'Certificate of Mailing' section, ensuring you include the date and addresses for all parties involved. This is crucial for proper notification.
Fill out and sign the 'Notice of Proposed Judgment or Order'. Make sure to send this notice at least 7 days before submitting it to the court.
After completing these sections, make two copies of each document: one for your records and one to send to the other party.
File the original documents with the court clerk and wait for a response regarding your motion.

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What is a Rule 19 motion to dismiss?

Under Rule 19(b), if a necessary party cannot be joined, then the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. When a nonjoined party is both necessary and indispensable, dismissal is required.

What is a Rule 21 motion in Oregon?

In some cases, the defendant may argue that the allegations in the complaint, even if true, are not sufficient to state a claim recognized by Oregon law. If so, the defendant will file a Motion to Dismiss. This is often referred to as a Rule 21 Motion.

What is the statute for motion to dismiss in Oregon?

(1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged.

How to file a motion or answer in Oregon?

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 defendants attorney or, if the defendant does not have an attorney, proof of service on the defendant.

What is the difference between a motion to dismiss and a motion to terminate?

A removal proceeding that has been terminated can be re-opened or refiled, and termination offers only temporary relief from potential deportation. If a removal proceeding is dismissed, that dismissal is generally permanent and cannot be reopened or renewed.