OR Motion and Order to Set Aside Dismissal Forms and Instructions Packet - County of Lane 2016-2025 free printable template

Motion and Order to Set Aside Dismissal Forms and Instructions The attached forms are to be used by a Petitioner in an original Dissolution, or other family law case who wants to reinstate a Petition

How to fill out OR Motion and Order to Set Aside

How to fill out OR Motion and Order to Set Aside Dismissal

1. Obtain the OR Motion and Order to Set Aside Dismissal form from the court or its website.
2. Carefully read the instructions provided with the form to ensure you understand the requirements.
3. Fill out the case caption with the appropriate court information, including the court's name, case number, and names of the parties involved.
4. Clearly state the grounds for your motion to set aside the dismissal, providing any necessary facts or legal arguments.
5. Include any relevant supporting documents, such as affidavits or evidence that supports your claim.
6. Sign and date the motion, ensuring you comply with any signature requirements outlined in the instructions.
7. File the completed motion with the court, along with any required filing fees.
8. Serve copies of the filed motion to all parties involved in the case as required by court rules.
9. Attend any scheduled hearings regarding the motion if required.

Who needs OR Motion and Order to Set Aside Dismissal?

1. Individuals or parties whose case has been dismissed and seek to have the dismissal overturned.
2. People involved in legal proceedings who were unable to attend a hearing or respond in time, resulting in dismissal.
3. Those who have valid reasons or new evidence that warrant reconsideration of a dismissed case.

People Also Ask about

What is the Oregon Rule Civil Procedure 71?

Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own motion or on the motion of any party and after such notice to all parties who have appeared, if any, as the court orders.

What is a motion to set aside in Oregon?

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.

What is a motion to set aside judgment in Oregon?

If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion . This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing .

How long does a set aside take in Oregon?

How Long Does it take to Set Aside or Expunge a Conviction in Oregon? It takes four to six months after the paperwork is filed to set aside or expunge most convictions in Oregon. Some counties are faster than others.

What is to set aside or dismiss?

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.

What is an order to set aside judgment in Oregon?

ORCP 71B(1) allows the court to relieve a party from a judgment or order for mistake, inadvertence, surprise or excusable neglect; fraud, misrepresentation, or other misconduct of an adverse party when accompanied by a pleading containing an assertion of a defense.

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What is OR Motion and Order to Set Aside Dismissal?

OR Motion and Order to Set Aside Dismissal is a legal request made to the court to vacate or nullify a prior dismissal of a case, allowing the case to be reinstated for further proceedings.

Who is required to file OR Motion and Order to Set Aside Dismissal?

The party whose case was dismissed is typically required to file the OR Motion and Order to Set Aside Dismissal.

How to fill out OR Motion and Order to Set Aside Dismissal?

To fill out the OR Motion and Order to Set Aside Dismissal, parties must provide their case information, the reason for the dismissal, and the justification for requesting the set aside, ensuring to comply with local court rules.

What is the purpose of OR Motion and Order to Set Aside Dismissal?

The purpose of the OR Motion and Order to Set Aside Dismissal is to seek a legal remedy for a situation where a case has been dismissed, enabling the parties to continue their legal proceedings.

What information must be reported on OR Motion and Order to Set Aside Dismissal?

The information that must be reported includes case number, names of the parties involved, details of the dismissal, and the specific grounds and reasons for requesting to set aside the dismissal.