SLR 18-16.005: Trial by Declaration under Penalty of Perjury

Trial by declaration under penalty of perjury, as provided in ORS 153.080, is authorized by Presiding Judge Order for all violations. For trial by declaration under penalty of perjury, the defendant’s submission must clearly waive the right to submit oral testimony in court in favor of written statement. The court’s election form, which includes the waiver, and declaration form are available on the court’s website. Appendix I (See SLR 4.085 and 11.085) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLATSOP STATE OF OREGON Plaintiff, and , Defendant. ) ) ) ) ) ) ) ) ) Case No. CERTIFICATE OF SERVICE AND READINESS IN COMPLIANCE WITH SLR 4.085 AND 11.085 This proposed order or judgment is ready for judicial signature because: 1. Each opposing party affected by this order or judgment has stipulated to the order or judgment, as shown by each opposing party's signature on the document being submitted. 2. Each opposing party affected by this order or judgment has approved the order or judgment, as shown by signature on the document being submitted or by written confirmation of approval sent to me. 3. I served a copy of this order or judgment on all parties entitled to Service on __________(date) by Electronic service US Mail Other __________ and: a. No objection has been served on me. b. I received objections that I could not resolve with the opposing party despite reasonable efforts to do so. I have filed a copy of the objections I received and indicated which objections remain unresolved. c. After conferring about objections, _____________________(insert role and name of opposing party) agreed to independently file any remaining objection. 4. Service is not required pursuant to __________________________________ (list statute, rule, or other reason) Dated: _____________________________ Name/OSB # Appendix II (See SLR 7.012) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR CLATSOP COUNTY STATE OF OREGON, Plaintiff, v. Defendant. ) ) ) ) ) ) Case No. NOTICE OF REPRESENTATION AND MOTION FOR ORDER ON ARRAIGNMENT TO THE CIRCUIT COURT: I represent defendant in this criminal case. Defendant waives arraignment and advice of rights and pleads not guilty. I have advised defendant of their constitutional and statutory rights and the consequences of conviction, including potential immigration issues. I have explained the charges and maximum penalty for each charge. Demand is hereby made upon the Clatsop County District Attorney’s Office for all information required under the discovery statutes, to be provided at least ten (10) days prior to the case management conference. Conditional Release Agreement and Processing Within _______ days of filing this motion, defendant agrees to report to the Clatsop County Jail to sign a conditional release agreement and to be booked and released. DATED: ________________________ _____________________________________ Attorney Signature Bar No . ______________________________________ Appendix III (See SLR 8.045) You must file a response in writing to this Order to Show Cause within the time allowed by the Order. If you do not file a response within that time, the other party may very well get what they asked for. If you have questions, you should see an attorney immediately. The forms and instructions for filing your response are located on the Oregon Judicial Department Website: https://www.courts.oregon.gov/forms/Pages/default.aspx You may also purchase hard copies of the forms you need at the court customer service window. (1) Your response should make it clear to the judge what parts of the Order to Show Cause you disagree with. If there are orders you are requesting that were not part of the Order to Show Cause, you should list them as counterclaims in your response. You should file an affidavit or declaration under penalty of perjury with your response to tell the judge what you are asking them to order and provide any information you want the judge to know before they decide. The opposing party will have 14 days to file a reply affidavit or declaration in response to any counterclaims you make. (2) If child support or spousal support is an issue, you must file a Uniform Support Declaration. This form is categorized as a “miscellaneous form” on the Oregon Judicial Department Website. (3) You must sign the response and include your current mailing and e-mail addresses. The court will send notices to the addresses listed on your response and you may miss important court dates if the court doesn’t have your current address. (4) The easiest and quickest way to file and serve the documents is through Guide & File. You may also file them in person at the Courthouse or by mail, but they must be received by the court within the time allowed by the order. (5) You must pay a filing fee to file your documents or get a court order waiving or deferring the filing fee. Contact the court clerk if you want more information on fee waivers and deferrals. (6) At the same time or before you file your response with the court, you must send a copy of all of the documents you file to the other side’s lawyer or to the other side personally if he or she doesn’t have a lawyer. This can be completed through Guide & File or email in most cases. Attach a certificate to your response that shows how you sent the documents to the other side. (7) The court will decide whether to grant the requests of either party based on the documents you and the other person have filed. If you don’t file a response, the court could grant all of the other person’s requests. The court will send you the decision. Additional information about handling your family law matter can be found online at: https://www.courts.oregon.gov/courts/clatsop/programs-services/Pages/family-court.aspx or by contacting our Family Resource Center at 503-325-8555.