Oregon Motion and Order to Postpone Trial Date

State:
Oregon
Control #:
OR-HJ-022-02
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PDF
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A06 Motion and Order to Postpone Trial Date
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FAQ

It may be possible to change a court date. If you are unable to be physically present for a court case, you'll need to contact either the court's clerk office or duty counsel office and inform them of your inability to appear and seek instructions from them on what to do to change the date.

The court may adjourn (postpone) your case for a period of time, usually one or two weeks.

If you don't go to court, the magistrate can make a decision without you being there. The magistrate may adjourn (postpone) your case to another date, but you should not rely on this happening. If you are on bail and you miss court, you may be committing an offence and a warrant may be issued for your arrest.

If you can't attend or don't want to attend, let the court know as soon as possible. It is risky to allow a court hearing to go ahead in your absence without letting the court know why you aren't there.

If you want to change your court date, you must ask for a postponement (also called a "continuance"). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant's claim that their right to a speedy trial is being denied.

The court usually will postpone a scheduled hearing in the following situations: (1) the plaintiff hasn't been able to serve the defendant, (2) the defendant wasn't served a sufficient number of days before the hearing date, (3) the defendant filed a claim of defendant and the plaintiff wasn't served with the

If you want to change your court date, you must ask for a postponement (also called a "continuance"). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.

You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well.

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Oregon Motion and Order to Postpone Trial Date