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Petitioners Ex Parte Motion For Order Of Default - And Order Form. This is a Oregon form and can be use in Circuit Court Statewide.
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Tags: Petitioners Ex Parte Motion For Order Of Default - And Order, Oregon Statewide, Circuit Court
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF ___________________
In the Matter
of the Marriage of:
________________________________,
Petitioner,
and
________________________________,
Respondent.
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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 ________________
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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.
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PETITIONER’S EX PARTE MOTION, DECLARATION/AFFIDAVIT, AND ORDER FOR DEFAULT - Page 1 of 2
MoAffOrdDEFAULT1A-Ver01.doc(1/08)
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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.doc(1/08)
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