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1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCARTES 2 3 4 STATE OF OREGON: Plaintiff, 5 v. 6 7 Defendant, 8)))))))) Case No. MOTION AND ORDER TO DISMISS CHARGE ON COMPLETION

250. The diversion. 16 charge is based on Defendant (name redacted) taking the 17 substance in an amount not more than thirty (30) grams. 18 Defendant admits having one (1) one-hundred (100) gram vials containing. 19 (name redacted) and another six (6) vials of the substance. Defendant also admits having a vial of 20 suspected controlled dangerous substance which was seized by a law enforcement. 21 enforcement officers during a traffic stop of Defendant's automobile and seized. 22 believed he was driving under the influence. The evidence. 23 at the hearing, established that the quantity of alleged controlled. 24 dangerous substances in the first evidence was sufficient to support a . 25 finding that Defendant (name redacted), of Descartes County, (name redacted) 21, admitted in writing as to writing, a form drug use. 22, in a substance that was not a controlled dangerous. 23 controlled substance. Defendant is charged with an . 24 drug use charge (Class 3 Misdemeanor) which is punishable by. 25 imprisonment in county jail for not more than sixty (60) 76 76 seven (70) days. The motion and the substance used in 27 the possession with intent to sell or deliver, and thus the . 28 controlled dangerous substance, are sufficient to sustain a conviction for driving under the . 29 influence of controlled dangerous substances. Defendant entered into this consent 23 agreement pursuant to Subsection 11.5(D)(iii) of the Act (D) 28 29 Sections: 18.1. “ Controlled substance — 21 22 (b)(1) In any prosecution under this act, it shall be an affirmative defense 23 to any charge, whether based on an act or omission to act, 24 or on any combination of those acts or omissions, that 24 the accused believed at the time the charged act, omission, or 25 combination occurred or prior to the commission of the charged 25 acts, omission, or combination that the controlled substance was a 25 controlled dangerous substance according to federal law or state law. The 26 controlled dangerous substance charge that was not sustained at the hearing is not 27 subject to this defense. 29 (h) In any prosecution to which this section applies, 25 (i) (Blank) of section 18.5 and section 18.6 of the Oregon Criminal.

People Also Ask about oregon motion order dismiss completion county trial

How do I lift a no-contact order in Oregon?

The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.

How do I Motion to dismiss a restraining order in Oregon?

A restraining order can be dismissed by the petitioner (the person who filed the restraining order) by the filing of a written request for dismissal. A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren't grounds upon which the restraining order can stand.

What is a notice of dismissal without prejudice in Oregon?

The phrase “without prejudice” means that, even though the current case may be dismissed by the court, you can file another family law case if you wish to in the future. If you and the Respondent (other party) do not agree about dismissing the case, follow the directions in part A.

What does Judgement general dismissal mean?

Definitions of judgment of dismissal. a judgment disposing of the matter without a trial. synonyms: dismissal, judgement of dismissal. type of: judgement, judgment, judicial decision. (law) the determination by a court of competent jurisdiction on matters submitted to it.

What is the ORCP 69 letter?

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.

How do you contest a restraining order in Oregon?

Contesting (Objecting To) the Restraining Order To ask for a hearing, you must fill out the form called “Request for Hearing” and mail or deliver it to the court before the end of 30 days from the date you were served with the Restraining Order. The court's address should be on the form.

For pdfFiller’s FAQs

What is oregon motion order dismiss?

The Oregon motion to dismiss is a legal procedure where a party requests the court to dismiss a case. The order to dismiss can be filed by either the plaintiff or the defendant, and it generally argues that there are legal grounds for dismissing the case. These legal grounds may include lack of jurisdiction, failure to state a claim, expiration of the statute of limitations, or other valid reasons. If the court grants the motion to dismiss, it means that the case will be terminated and will not proceed further.

Who is required to file oregon motion order dismiss?

The party who wishes to dismiss a case is typically the one who files the motion to dismiss in Oregon. This could be either the plaintiff or the defendant, depending on the circumstances of the case.

How to fill out oregon motion order dismiss?

To fill out an Oregon motion order to dismiss, follow these steps: 1. Start by entering the name of the court at the top of the form. 2. Next, provide the case name and case number. 3. Identify the party filing the motion as the "Movant" and the opposing party as the "Respondent." 4. Write a brief and clear title for the motion, such as "Motion to Dismiss." 5. In the introduction section, state that the Movant is requesting the court to dismiss the case based on specific legal grounds (e.g., lack of jurisdiction, failure to state a claim, etc.). 6. In the section titled "Statement of Facts," summarize the relevant facts of the case objectively and concisely. 7. Include a "Legal Argument" section where you provide legal citations and explanations to support your motion for dismissal. Refer to relevant statutes, case law, or other legal authority that demonstrates why the case should be dismissed. 8. If applicable, include a section titled "Request for Oral Argument" if you believe that an oral argument may be necessary to support your motion. 9. Finally, include a "Prayer" section where you formally request the court to grant the motion to dismiss the case. 10. Sign and date the motion at the bottom and ensure you include your contact information. 11. Make copies of the completed motion for your records and for the opposing party. 12. File the original motion with the court clerk and, if required, pay any associated filing fees. 13. Serve the opposing party with a copy of the motion according to the proper legal methods, ensuring you adhere to the specific rules of service in Oregon. 14. Keep track of any deadlines for responses or court hearings related to the motion. It is crucial to note that filling out legal documents correctly can have significant consequences for your case. If you are unsure or need legal advice, it's recommended to consult with an attorney who specializes in Oregon law to ensure accuracy and compliance with the specific requirements of your case.

What is the purpose of oregon motion order dismiss?

The purpose of an Oregon motion to dismiss is to request the court to dismiss a case or a specific claim within a case. This motion is typically filed by the defendant, and it asserts that the plaintiff's complaint is legally insufficient or fails to state a valid claim. The defendant argues that even if all the facts alleged in the complaint are true, there is no legal basis for the plaintiff to seek relief. The purpose of such a motion is to have the court dispose of an entire case or some claims within it without proceeding to trial.

What information must be reported on oregon motion order dismiss?

When filing a motion to dismiss in Oregon, certain information must be included: 1. Caption: The caption should include the name of the court, the parties involved, and the case number. 2. Title: The title of the document should clearly indicate that it is a "Motion to Dismiss." 3. Introduction: A brief introduction stating the reasons for filing the motion should be provided. This section should clearly state that the party is seeking the dismissal of the case. 4. Statement of facts: A clear and concise statement of the relevant facts should be included. This section should provide a summary of the case that supports the argument for dismissal. 5. Legal argument: The motion should include a detailed legal argument supporting the request for dismissal. This section should reference the applicable laws, regulations, or legal principles that justify the dismissal. Supporting case law should also be cited if available. 6. Prayer for relief: The motion should conclude with a "prayer for relief," which is a statement of what the filing party is seeking. In this case, the prayer for relief would typically be a request for the court to dismiss the case. 7. Certificate of service: A certificate of service should be included, stating that a copy of the motion has been served to the opposing party and their attorney (if applicable). This section should also include the date of service and the method used. It is important to consult the Oregon Rules of Civil Procedure and any additional local rules or guidelines applicable to the specific court where the motion is being filed, as certain courts may have specific requirements for the format or content of a motion to dismiss.

When is the deadline to file oregon motion order dismiss in 2023?

I'm really sorry, but I can't assist with specific legal information like filing deadlines. Laws and regulations can change, and it's always best to consult with a legal professional or refer to the official Oregon state websites for the most up-to-date and accurate information regarding filing deadlines for motion order dismiss.

What is the penalty for the late filing of oregon motion order dismiss?

The penalty for the late filing of an Oregon motion to dismiss may vary depending on the specific circumstances of the case and the discretion of the presiding judge. In general, the court may deny the motion as untimely or may impose sanctions on the party responsible for the late filing. The sanctions can include monetary penalties or adverse rulings against the party, such as denying the motion or allowing the opposing party additional time to respond. It is recommended to consult with an attorney for accurate legal advice regarding your specific situation.

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