Bend Oregon Motion for Change of Venue

State:
Oregon
City:
Bend
Control #:
OR-HJ-180-05
Format:
PDF
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Description

A06 Motion for Change of Venue
The Bend Oregon Motion for Change of Venue refers to a legal process through which the location of a trial or litigation is requested to be relocated to a different jurisdiction. This motion is typically filed by a party in a case who believes that the current venue is not convenient, fair, or impartial to ensure a fair and just trial. The motion argues that transferring the case to a different jurisdiction would allow for a more suitable environment that avoids potential biases, prejudice, or other factors that would hinder a fair trial. In Bend, Oregon, the Motion for Change of Venue can be filed in various types of cases such as criminal, civil, personal injury, or family law matters. Here are some of the different types of Bend Oregon Motion for Change of Venue: 1. Criminal Cases: When a defendant believes that the media attention or local sentiment surrounding the case creates a biased atmosphere that prevents them from receiving a fair trial, they can file a motion to have the trial moved to a different jurisdiction. 2. Civil Cases: In civil lawsuits, either the plaintiff or the defendant may file a motion to change the venue if they believe that the current jurisdiction presents challenges in terms of prejudice, difficulty in obtaining witnesses, or inconvenient location for one of the parties involved. 3. Personal Injury Cases: Parties involved in personal injury claims may seek a change of venue if they can demonstrate that the current location's local sentiment or community bias could influence the jury's decision or the amount of compensation awarded. 4. Family Law Cases: In family law matters like divorces, child custody disputes, or spousal support cases, either party can request a change of venue if they can show that the current jurisdiction poses challenges such as lack of resources, inconvenient distance, or any substantial reason that could hinder a fair resolution. To file a Bend Oregon Motion for Change of Venue, the party needs to provide persuasive evidence supporting their claim and justify why transferring the case to a different jurisdiction is necessary. The court will then weigh the arguments presented by both parties and determine whether moving the trial to a different location is appropriate or not.

The Bend Oregon Motion for Change of Venue refers to a legal process through which the location of a trial or litigation is requested to be relocated to a different jurisdiction. This motion is typically filed by a party in a case who believes that the current venue is not convenient, fair, or impartial to ensure a fair and just trial. The motion argues that transferring the case to a different jurisdiction would allow for a more suitable environment that avoids potential biases, prejudice, or other factors that would hinder a fair trial. In Bend, Oregon, the Motion for Change of Venue can be filed in various types of cases such as criminal, civil, personal injury, or family law matters. Here are some of the different types of Bend Oregon Motion for Change of Venue: 1. Criminal Cases: When a defendant believes that the media attention or local sentiment surrounding the case creates a biased atmosphere that prevents them from receiving a fair trial, they can file a motion to have the trial moved to a different jurisdiction. 2. Civil Cases: In civil lawsuits, either the plaintiff or the defendant may file a motion to change the venue if they believe that the current jurisdiction presents challenges in terms of prejudice, difficulty in obtaining witnesses, or inconvenient location for one of the parties involved. 3. Personal Injury Cases: Parties involved in personal injury claims may seek a change of venue if they can demonstrate that the current location's local sentiment or community bias could influence the jury's decision or the amount of compensation awarded. 4. Family Law Cases: In family law matters like divorces, child custody disputes, or spousal support cases, either party can request a change of venue if they can show that the current jurisdiction poses challenges such as lack of resources, inconvenient distance, or any substantial reason that could hinder a fair resolution. To file a Bend Oregon Motion for Change of Venue, the party needs to provide persuasive evidence supporting their claim and justify why transferring the case to a different jurisdiction is necessary. The court will then weigh the arguments presented by both parties and determine whether moving the trial to a different location is appropriate or not.

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FAQ

A motion to disqualify a judge or a judge pro tem, assigned by the Chief Justice of the Supreme Court to serve in a county other than the county in which the judge or judge pro tem resides may not be filed more than five days after the party or attorney appearing in the cause receives notice of the assignment.

ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required.

The court estimates that the cost of raising one child is $1,000 a month. The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.

The parent who wants the change would need to start a legal action with the Child Support Program or the Court to request a modification. The change would involve something significant about either parent's income or an unexpected increase or decrease in the child's needs.

Immediate Danger Examples or Definition Physical abuse of a child. Sexual abuse of a child. Medical neglect of a child. Drug or alcohol abuse in the presence of a child.

The Child Support Program also has the power to re-examine a child support order every 3 years to see if it still meets the Oregon guidelines, even if there has not been a substantial change of circumstance.

Obtaining Emergency Custody in Oregon In order to obtain this type of custody, you must be present in court and present your affidavit that the child is in immediate danger. You must have already made a good faith effort to confer with the other parent about the purpose and scheduled time of this court appearance.

In Oregon, child support typically cannot be waived because the State takes the position that it is in the minor child's best interests that children be supported financially by both parents.

Every 3 years. Currently the Oregon Administrative Rules allow the State of Oregon child support personnel to review your child support every three years, even if there has not been a change of circumstances as noted above. The State can modify child support upon request.

28 U.S.C. § 1407 authorizes transfers of venue of related complex actions in order to coordinate pretrial proceedings, such as discovery.

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A previous motion to change venues was denied. 14.120 Time of motion; to what county changed; number of changes. 14.130 Notice to proper or more convenient court. 14. Deschutes River with a snowy downtown Bend in the background and Pilot Butte in the distance. 18(3)(d) and contain the correct spacing and margins. It next moved to the issue of whether to dismiss or to transfer venue. Appearances: Andrew Steiner, Bend, Oregon, for the Appellant. The Clerk rejected the filing because Plaintiff failed to fill out the jurisdiction box. 2019 meeting as written, Commissioner Adair seconded; the motion carried. Agenda items denoted with an asterisk indicate a motion is recommended.

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Bend Oregon Motion for Change of Venue