If the transcript has not been filed with the court at the time the Motion to Dismiss is filed, yes, you must serve a copy of the motion on the Transcript Coordinator or transcriber. The motion informs the Transcript Coordinator or transcriber that a transcript does not need to be prepared at that time. If attorneys are from different firms, a motion to substitute attorneys must be filed and have both the new and the old attorney's signatures on the document. If an attorney is being replaced by another attorney in the same firm, a notice of representation must be filed.
If an attorney has left the firm but will retain their appointment, a notice of representation must be filed. If an attorney from another firm is going to represent a party in addition to the attorney of record, a notice of association must be filed.
If an out of state attorney is joining with the Oregon attorney of record, a motion for out of state counsel must be filed. ORAP 7. Other than a first motion for an extension of time of 28 days or less to file a brief, a motion must contain a statement whether opposing counsel objects to, concurs in, or has no position regarding the motion.
If opposing counsel objects to the motion, the motion must include a statement whether opposing counsel intends to file a response to the motion. If the moving party has not been able to learn opposing counsel's position on the motion, then the motion must so state.
Affidavits, supporting documents, and any other documents that relate to the motion your are eFiling must be filed together as one document.
If the document is larger than 25MG, you can eFile them separately, otherwise, an electronic filing must be submitted as a unified, single PDF file, rather than as separate eFiled documents or as a principal eFiled document with additional supporting documents attached through the eFiling system. The other party will also get to present their case by testifying, giving the judge evidence, and questioning witnesses. You will get to see any documents and photos the other party shows the judge.
If you do not think the judge should consider them in making a decision about your case, tell the judge why. Write down your questions while they are speaking to the other party or judge. The judge decides whether the documents, photos, or witness testimony can be considered in making a decision about your case.
If the judge needs more information to make a decision, the judge may set up another court date. Make sure you understand what information is needed and get it before the new court date. The judge makes a decision after both sides present their case. The judge has to make a decision. The decision is called a court order. If the judge needs to think about it more, the judge may let you know the decision later by mailing a court order or at another court date. If the judge has enough information, the judge may decide right then and fill out a court order.
If the other party was not present and got a copy, you must send them a copy by p. Fill out and file a Proof of Delivery court form with the Circuit Clerk to show that you sent the copy. If your motion is granted, you will usually receive an Order from the judge. This order is a legal document that can require people to do things. For example an Eviction Order requires a person to move out of their home. Your Order might also have instructions and deadlines for filing things in your case.
You should read the Order carefully. If your motion is denied, your case goes on and you can still file motions for other things. You can also file a motion to reconsider if:. Motions to reconsider should only be filed rarely. Be careful not to file a motion to reconsider just because you disagree with the judge's decision.
If you have nothing new to present to the judge or cannot show that the judge clearly made a mistake, your motion to reconsider could annoy the judge and court personnel. You file a Motion to Reconsider the same way you filed the original motion. If you lose your case, you may be able to file an appeal. Only logged-in users can post comments. Please log in or register if you want to leave a comment.
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Apply Online. Note: Covid is changing many areas of the law. Visit our Covid articles for the latest information. The Big Picture. Motions ask the court to enter an order to ask for the court's permission to do…. More on Preparing, filing, and presenting motions in court. Presenting a motion in court How-To. Displaying information for [ change ].
Prepare your forms. E-filing : The website you used to electronically file may let you pick your court date or hearing date and time. If it does not, contact the clerk. Take action. Presenting a motion in court. The following should be included in each motion: Your name, the other party's name, and the case number ; A paragraph that describes the basic facts about the case and the particular issue you are concerned with; Precisely what you are asking the judge to do; and The reasons why the judge should agree with you and grant your motion.
You can learn more about how to file a motion. Cost of filing a motion Some motions require a filing fee but there are many motions where the filing is free. Last reviewed. Last revised. Fee waiver Easy Form. A program to help you fill out the forms to ask the court to waive or reduce filing fees. Motion Easy Form. A program to help you complete the forms to ask a judge to do something in a case you are involved in.
Appearance Easy Form. A program to help you tell the court and the other parties that you are participating in a court case. Learn more. Reasons for filing motions. Legal Comment Legal Comment. Thank you. We are glad you found this helpful. Very helpful.
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