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Oregon Motion To Reopen Case And If Applicable To Vacate Dismissal

State:
Oregon
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OR-SKU-0054
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Motion To Reopen Case And If Applicable To Vacate Dismissal

Oregon Motion To Reopen Case And If Applicable To Vacate Dismissal is a motion filed with the court to reopen a closed case and, if applicable, request the court to vacate a dismissal. This motion is typically used when a party to the case is requesting the court to reconsider a previous ruling or decision. This motion can also be used to reopen a case that has been dismissed due to a lack of timely action by the parties or the court. There are two types of Oregon Motion To Reopen Case And If Applicable To Vacate Dismissal. The first is a motion to reopen a case due to newly discovered evidence, and the second is a motion to vacate a dismissal. When a motion is filed to reopen a case due to newly discovered evidence, the party filing the motion must demonstrate that the evidence was not available at the time of the original hearing and that the evidence would have changed the outcome of the case. When a motion to vacate a dismissal is filed, the party filing the motion must demonstrate why the dismissal should be overturned. In either case, the party filing the motion must provide evidence and legal arguments to support their position. The court will consider the evidence and arguments presented before deciding whether to reopen the case or vacate the dismissal.

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FAQ

For a case to be dismissed ?with prejudice? means that the case is dismissed permanently, it cannot be brought back to court, and the charges cannot be refiled. A case that is ?dismissed with prejudice? is completely and permanently over.

I RESPECTFULLY REQUEST that check all that apply ? the Court vacate the default entered against me in this case. ? the Court vacate the default judgment entered against me in this case. I ALSO REQUEST that the Court award any other relief it considers fair and proper.

A Dismissal Order ends the case. Upon dismissal the ?automatic stay? ends and creditors may start to collect debts unless a discharge is entered before the dismissal and the discharge is not revoked by the court. An Order of Dismissal does not free the debtor from any debt.

A plaintiff may dismiss an action in its entirety or as to one or more defendants without order of court by filing a notice of dismissal with the court and serving the notice on all other parties not in default not less than 5 days prior to the day of trial if no counterclaim has been pleaded.

Fill out the Motion for Order to Vacate Judgment/Order of Dismissal/Order of Default and Declaration in Support (MOTION). Fill out the Certificate of Mailing (CERTIFICATE). Fill out and sign the Notice of Proposed Judgment or Order (NOTICE). Make two copies of the MOTION, CERTIFICATE, and NOTICE.

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.

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.

More info

Debtor's Motion to Reopen Chapter 7 or 13 Case and, if Applicable, to Vacate Dismissal ; Form No.: 1367. 92 ; Category: Chapter 7 ; Revision Date:.There is no fee for filing a Motion for Relief from the Dismissal Order. If the case is closed, a reopening fee will apply to the Motion to Reopen. The person asking to reopen the case must do so within 90 days of the dismissal. This case was automatically dismissed pursuant to Section 521(i)(1) of the Bankruptcy. Code and not closed pursuant to Section 350(a). For a MOTION TO SET ASIDE DISMISSAL AND RE-OPEN CASE. If the judge grants your motion to set aside the Judgment of Dismissal, your case will be reopened at the point at which it was dismissed. You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment.

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Oregon Motion To Reopen Case And If Applicable To Vacate Dismissal