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How to use or fill out Oregon Civil Procedure Motion to Dismiss

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Click ‘Get Form’ to open it in the editor.
Begin by entering the case number at the top of the form. This is essential for identifying your specific case.
In the section labeled 'Defendant', fill in your name as it appears on legal documents. This ensures clarity regarding who is filing the motion.
Next, specify the date you entered into the diversion agreement and confirm that you have completed all conditions. This information is crucial for supporting your request for dismissal.
Indicate any additional charges you wish to be dismissed within this case, if applicable.
Finally, sign and date the document at the bottom. Ensure that all fields are filled accurately before submitting.

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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.

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 are the grounds for motion to dismiss?

Common grounds for a motion to dismiss include lack of jurisdiction, improper venue, lack of plaintiffs legal capacity to sue, existence of another pending case, claim being barred by prior judgment or statute of limitations.