Bend Oregon Motion for Order Authorizing Summons by Publication

• Category: Oregon Court Samples - Declaratory Judgments - Sample Case 1
• State: Oregon
• City: Bend
• Control #: OR-HJ-041-22
• Format: PDF

Description

A14 Motion for Order Authorizing Summons by Publication A Bend Oregon Motion for Order Authorizing Summons by Publication is a legal document used in the state of Oregon to request permission from the court to serve a summons by publishing it in a newspaper or other designated publication. This method is typically employed when the defendant's whereabouts are unknown or their identity is uncertain, making traditional personal service impossible. The purpose of this motion is to seek authorization for an alternative method of service that will provide the defendant with adequate notice of the legal proceedings against them. By publishing the summons in a widely circulated publication, it aims to reach the defendant or anyone who may have information about their location or identity. The content of a Bend Oregon Motion for Order Authorizing Summons by Publication typically includes: 1. Case information: The motion should begin with the case name, number, and the court where the case is being heard. It should provide a brief introduction to the ongoing legal matter for which the summons is required. 2. Parties involved: The motion should identify the plaintiff(s) and the defendant(s) named in the lawsuit, along with any other relevant parties or entities involved. 3. Background information: This section should outline the efforts that have already been made to locate and personally serve the defendant. It should include details such as the steps taken to find the defendant, any addresses or contact information known, and any unsuccessful attempts at personal service. 4. Legal basis: The motion should cite the specific provision of Oregon law that allows for service by publication and explain why it is necessary to resort to this method in the present case. 5. Proposed publication details: The motion should specify the newspaper or publication in which the summons will be published. It should also mention the frequency of publication (e.g., once a week for four consecutive weeks) and any additional requirements as per Oregon law. 6. Affidavit of due diligence: Along with the motion, an affidavit of due diligence is typically required. This document outlines the steps taken to locate the defendant and demonstrates that reasonable efforts have been made to effectuate personal service. Variations or types of Bend Oregon Motion for Order Authorizing Summons by Publication may include: 1. Motion for Order Authorizing Summons by Publication in Divorce Proceedings: This motion is specific to divorce cases where the location of one spouse is unknown, or they cannot be personally served. 2. Motion for Order Authorizing Summons by Publication in Foreclosure Proceedings: This motion is filed by lenders or mortgage holders seeking to foreclose a property when the borrower or property owner cannot be located for personal service. In conclusion, a Bend Oregon Motion for Order Authorizing Summons by Publication is an essential legal document used to request permission to serve a summons through publication in cases where personal service is not feasible. It plays a crucial role in ensuring that defendants receive proper notice of legal proceedings against them, balancing their rights with the necessity of advancing legal proceedings.

A Bend Oregon Motion for Order Authorizing Summons by Publication is a legal document used in the state of Oregon to request permission from the court to serve a summons by publishing it in a newspaper or other designated publication. This method is typically employed when the defendant's whereabouts are unknown or their identity is uncertain, making traditional personal service impossible. The purpose of this motion is to seek authorization for an alternative method of service that will provide the defendant with adequate notice of the legal proceedings against them. By publishing the summons in a widely circulated publication, it aims to reach the defendant or anyone who may have information about their location or identity. The content of a Bend Oregon Motion for Order Authorizing Summons by Publication typically includes: 1. Case information: The motion should begin with the case name, number, and the court where the case is being heard. It should provide a brief introduction to the ongoing legal matter for which the summons is required. 2. Parties involved: The motion should identify the plaintiff(s) and the defendant(s) named in the lawsuit, along with any other relevant parties or entities involved. 3. Background information: This section should outline the efforts that have already been made to locate and personally serve the defendant. It should include details such as the steps taken to find the defendant, any addresses or contact information known, and any unsuccessful attempts at personal service. 4. Legal basis: The motion should cite the specific provision of Oregon law that allows for service by publication and explain why it is necessary to resort to this method in the present case. 5. Proposed publication details: The motion should specify the newspaper or publication in which the summons will be published. It should also mention the frequency of publication (e.g., once a week for four consecutive weeks) and any additional requirements as per Oregon law. 6. Affidavit of due diligence: Along with the motion, an affidavit of due diligence is typically required. This document outlines the steps taken to locate the defendant and demonstrates that reasonable efforts have been made to effectuate personal service. Variations or types of Bend Oregon Motion for Order Authorizing Summons by Publication may include: 1. Motion for Order Authorizing Summons by Publication in Divorce Proceedings: This motion is specific to divorce cases where the location of one spouse is unknown, or they cannot be personally served. 2. Motion for Order Authorizing Summons by Publication in Foreclosure Proceedings: This motion is filed by lenders or mortgage holders seeking to foreclose a property when the borrower or property owner cannot be located for personal service. In conclusion, a Bend Oregon Motion for Order Authorizing Summons by Publication is an essential legal document used to request permission to serve a summons through publication in cases where personal service is not feasible. It plays a crucial role in ensuring that defendants receive proper notice of legal proceedings against them, balancing their rights with the necessity of advancing legal proceedings.