Chapter 5 State Civil Trial Procedures Open Oregon. In civil cases, an action is started by filing a copy of a complaint with the county clerk, generally in the county of the defendants residence. A hedge is an investment position intended to offset potential losses or gains that may be incurred by a companion investment. In simple language, a hedge is used to. Scientology denied twice in wrongful death lawsuit as parents grieve for Tabatha Fauteux. Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online. Easily share your publications and get. A complaint states what the defendant has done wrong, how the plaintiff was injured or damaged and to what degree. After filing the complaint the sheriff or private process server delivers serves a copy of the complaint and a summons upon the defendant. The summons tells the defendant that he or she must appear in this case or the other side will win automatically. Appearance is done by filing a legal document motion, demurrer or answer with the court. The time for filing an answer, or motion, is within 3. If the defendant is not found, the plaintiff can try again. In some cases where the defendant is not found, service can be upon the public welfare division, the corporation commissioner, the motor vehicles division or by publication in a newspaper of general circulation in the area where the defendant was last known to be. Once the defendant appears, he or she can file motions asking that the service of summons be quashed or disallowed, that the complaint or parts of it be stricken or made more definite and certain. The defendant can file an answer which gives his or her side of the story affirmative defense or counterclaim, simply deny the complaint, or a combination of these answers. JD Supra provides users with access to its legal industry publishing services the Service through its website the Website as well as through other sources. Kilauea Mount Etna Mount Yasur Mount Nyiragongo and Nyamuragira Piton de la Fournaise Erta Ale. In civil cases, an action is started by filing a copy of a complaint with the county clerk, generally in the county of the defendants residence. The court hears legal arguments on motions and can allow or deny all, part or none. Rarely will there be any testimony presented. If the court disallows all or part of a complaint, some period of time, usually 1. After the defendant responds, the plaintiff can file motions against the defendants answer the same as cited above for the defendant. If the defendant has answered by giving his or her side of the story, the plaintiff then replies by denying the affirmative allegations. The court hears legal arguments on motions and can allow or deny all or part or none again no testimony is presented. The pleadings are concluded once a complaint, answer and a reply, if necessary, are filed and all motions and demurrers have been ruled upon. Summary Judgment The judge decides all or part of the case before trial where facts are not in dispute. Any party can ask for summary judgment by a motion filed at least 2. The motion is usually accompanied by supporting affidavits and other relevant documents showing there is no genuine issue as to any material fact and the moving party is entitled to prevail on all or part of the claim. The party opposing the motion may respond and support his or her response with affidavits and other relevant documents showing there is a genuine issue of fact of trial, the other side is not entitled to relief or the responding party is entitled to win. The judge may hear oral arguments and consider all documents and grant or deny the summary judgment. Granting a summary judgment decides the case or part of it just as if there had been a trial. Trial is defined as a judicial examination of the issues between the parties, whether issues of law or fact. A right to jury trial exists where the value in controversy exceeds 2. Right to jury trial can be waived, however, by oral or written motion or by failing to appear for trial. There is no jury trial by right in domestic relations, juvenile, equity or mental hearing matters. The jury panel is drawn from the registered voters of the county. Jury terms are of a length determined by the presiding judge of the circuit court, but can be no longer than two months. By law, suits for 1. At trial the jury is usually 1. Challenges to trial jury are for cause or peremptory. Challenges for cause can be of any number and are for such things as being related to a party, having an opinion as to the outcome and other obvious things. Peremptory challenges are for no reason or any reason, and each side can take three two in a six person jury. Where there is more than one party plaintiff or defendant they must join in the challenge. If a trial is to be a lengthy one, the judge can order selection of up to six alternate jurors. They are selected and participate as regular jurors but are excused when the jury retires to deliberate unless a juror has become ill or has been excused during trial. The trial procedure usually begins when the jury is called to the jury box and examined briefly by the judge. Plaintiff and defense counsel examine each juror and may challenge for cause at this time. Such challenges are then ruled upon by the judge. At the conclusion of counsels jury examination called voir dire they in turn submit written peremptory challenges three challenges for each side. When a jury is picked and all challenges are exhausted or waived the jury is impaneled to try the case. The plaintiff, followed by the defense counsel, presents opening statements which tell the jury what each intends to prove in the case. The plaintiff then calls witnesses for direct examination. The defendant cross examines plaintiffs witnesses. If the judge allows, the lawyers may be allowed some re direct and re cross examination. After the plaintiff has called all witnesses for direct examination, the case rests in chief. At that time, the defendant may move to eliminate certain parts or all of the complaint because the plaintiff has not proved the case, motions to strike, or to dismiss. The judge rules on the motions, often remarking that before the defendant has put on a case, the plaintiff is entitled to all reasonable inferences from the testimony. The defense then calls witnesses and plaintiff cross examines and both may re direct and re cross examine. The defendant then rests the case in chief. The plaintiff may then move against defendants case. The plaintiff may or may not put on witnesses to rebut the testimony of the defense witnesses not to prove over again, but to rebut the defense case. The plaintiff then rests rebuttal. The plaintiff, followed by the defendant, argues the case to the jury. The plaintiff gets the last word and is allowed to present argument rebutting the defendants argument. The last word goes to the plaintiff because he or she has the burden of proving the case. The judge instructs the jury on the general and specific law of the case. The jury deliberates and must find a verdict by the concurrence of at least nine of their number in a six person jury, five out of six must concur. The judge receives the verdict and the jury is discharged. Probate Procedure Probate powers generally include the power to probate and hear contests of wills to determine heirship and to control the administration, settlement and distribution of estates of decedents. The judge of the probate court may appoint a commissioner to assist the probate judge. That commissioner may act in most uncontested matters setting up the probate of an estate. The commissioner acts only under the authority of the court and all commissioner orders can be set aside by the court. Unless set aside or modified, however, all commissioner orders have the same effect as if made by the judge. Domestic Relations Procedure In Oregon the grounds for divorce are that irreconcilable differences have arisen which have caused the irremediable breakdown of the marriage. These grounds can exist even where one side does not want a divorce, as that demonstrates that there are irreconcilable differences.
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