Petitioners Ex Parte Motion Declaration Affidavit And Order For Default Form. This is a Oregon form and can be use in Lincoln Local County.
Tags: Petitioners Ex Parte Motion Declaration Affidavit And Order For Default, Oregon Local County, Lincoln
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINCOLN In the Matter of the Marriage of: ________________________________, Petitioner, and ________________________________, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. ______________________ PETITIONER’S EX PARTE MOTION, DECLARATION/AFFIDAVIT, AND ORDER FOR DEFAULT (ORCP 69) MOTION Based on the Declaration/Affidavit below, Petition requests that this court grant an Order entering the default of the Respondent pursuant to ORCP 69. AFFIDAVIT STATE OF OREGON County of ________________ ) ) I, _______________________________, am the Petitioner in this proceeding. 1. The respondent was served with true copies of the Summons and Petition for Summary Dissolution of Marriage on the ______ day of ________________________, 20_____, in County, State of __________________________, and has failed to answer or appear within the time prescribed by law. 2. Check one of the following: a. The respondent is not now, and was not at the time of the service of the Summons and Petition, in the active military service of the United States. b. The respondent is now, or was at the time of the service of the Summons and Petition, in the active military service of the United States. (Check if applicable) The respondent has waived his or her rights under the Servicemembers’ Civil Relief Act, as shown by the attached affidavit, labeled as Exhibit _____. c. After diligent efforts, I am unable to determine whether or not the respondent is now, or was at the time of the service of the Summons and Petition, in the active military service of the United States. (Check if applicable) I have requested, but have not yet received, a determination from the Department of Defense regarding respondent’s military status. /// /// PETITIONER’S EX PARTE MOTION, DECLARATION/AFFIDAVIT, AND ORDER FOR DEFAULT - Page 1 of 1 MoAffOrdDEFAULT1A-Ver01(1/08) American LegalNet, Inc. www.FormsWorkflow.com 3. REQUIRED: The following facts support my declaration regarding Respondent’s military status (provide specific information as to how you know that the respondent is not in the military service): _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ See the attached determination of Respondent’s military status provided by the Department of Defense and labeled as Exhibit _____. 4. Respondent is not now and was not at the time of the service of the Summons and Petition a minor, incapacitated, a financially incapable person, a protected person, or a respondent in a fiduciary protective proceeding, as defined by Oregon law. Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: ❏ I selected this document for myself and I completed it without paid assistance. ❏ I paid or will pay money to _____________________________ for assistance in preparing this document. Submitted by: _______________________________________________________________________________________ Petitioner’s Name (Printed) _______________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY. DATE: Petitioner (signature) ORDER Motion Granted Motion Denied DATED this ______ day of _______________________, 20_____. ____________________________________ Circuit Court Judge ____________________________________ Print Name PETITIONER’S EX PARTE MOTION, DECLARATION/AFFIDAVIT, AND ORDER FOR DEFAULT - Page 2 of 2 MoAffOrdDEFAULT1A-Ver01(1/08) American LegalNet, Inc. www.FormsWorkflow.com