SLR 9-24.121: Remand of Criminal Case on Post-Conviction Judgment

The petitioner shall submit a letter or other documentation with any post-conviction judgment remanded back to the Malheur County Circuit Court pursuant to ORS 138.640(2), which delineates the Malheur County Circuit Court criminal case number from which post-conviction relief was granted. NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT APPENDIX A (Supplemental Local Rule 4.031) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MALHEUR STATE OF OREGON, Case No._____ __________________________ Plaintiff, MOTION TO TRANSPORT vs. AND PROVIDE COURT SECURITY __________________________ Defendant. COMES NOW, (adult in custody name) by and through his attorney, (name), and respectfully moves the court for an Order to transport (adult in custody name & SID #). This matter came before the court on the __day of _______, 20_____, before The Honorable (name of judge) and said case was set for (type of proceeding that was set), and the appearance of (adult in custody name & SID #) is needed. (State reason why the adult in custody testimony is needed for the proceeding.) My investigator, (investigator name) has interviewed (adult in custody name and SID#). (adult in custody name) will testify he witnessed the defendant (set out based on the charges). Said adult in custody is currently in the custody of the (name of Institution and address). Therefore, we respectfully request an Order allowing the transport of (adult in custody name and SID # to the Malheur County Circuit Court, Vale, Oregon, on (date of proceeding NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT adult in custody is needed for). Further, the Defendant respectfully requests an Order for the State of Oregon, Department of Corrections to provide adequate security while said adult in custody is at the Malheur County Circuit Court. Dated this _____________________. _________________________________ (Name of attorney) NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MALHEUR STATE OF OREGON Case No._______________________ ________________________ Plaintiff, ORDER TO TRANSPORT vs. AND PROVIDE COURT SECURITY ________________________ Defendant. This matter having come before the court on the __day of __________, 20_____, before The Honorable __________and said case having been set for (type of proceeding) and the appearance of (adult in custody name and SID #) is needed, and said adult in custody is currently in the custody of the (Institution and address). The court having reviewed the files and records herein; NOW, THEREFORE, THIS COURT HEREBY ORDERS the temporary release of (adult in custody name and SID #), from the (name of Institution), (or any other correctional facility the adult in custody may be transferred to prior to said hearing), for the pending (type of proceeding) against the above-named Defendant, with the State of Oregon, Department of Corrections retaining jurisdiction. NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT IT IS FURTHER ORDERED that the adult in custody shall be transported or made available to testify via simultaneous electronic transmission by the State of Oregon, Department of Corrections, to the Malheur County Circuit Court, Vale, Oregon, on (date of proceeding), and returned to the custody of the (name of Institution) immediately thereafter. IT IS FURTHER ORDERED that the State of Oregon, Department of Corrections, shall provide adequate security at all times while said adult in custody is at the Malheur County Circuit Court. ____________________________________ NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT APPENDIX B (Supplemental Local Rule 16.015) RETURN TO: DUE: ______________ MALHEUR COUNTY CIRCUIT COURT 251 B Street, West #3 Vale, OR 97918 __________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MALHEUR COUNTYSTATE OF OREGON, __________________________ Plaintiff, vs. Case No. ___________________ Waiver and Declaration __________________________ Under Penalty of Perjury Defendant. WAIVER I, _______________________________, have plead NOT GUILTY and requested a trial in the above-captioned case. As authorized by ORS 153.080, I hereby waive my right to have my testimony and the testimony of the officer presented orally in court, and I agree that testimony may be presented by sworn affidavit or by declaration under penalty of perjury. I understand that, if I do choose to appear in person for trial after signing this declaration under penalty of perjury, a copy of the police officer’s written testimony will be presented to me at that time. The police officer may not be present. I am not represented by an attorney in this matter. If I retain counsel, I will advise the court immediately. NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT INSTRUCTIONS: If you waive your right to have testimony presented orally in court, please fill out the below Testimony by Declaration Under Penalty of Perjury and return all documents to the court at least two weeks prior to the trial date. The judge will give your declaration the same consideration as a personal appearance. TESTIMONY BY DECLARATION UNDER PENALTY OF PERJURY I,____________________________, state that I am the 􀀀 Police Officer 􀀀 Defendant in the above violation offense. Pursuant to ORS 153.080, this declaration represents my testimony concerning the above violation offense. (Continued on reverse side.) (You may attach additional pages if necessary.) 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 of perjury. ______________ ______________________________________ Date Signature NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT APPENDIX C (Supplemental Local Rule 9.081) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MALHEUR Guardian/Conservatorship of Case No.________________ OBJECTION TO PETITION FOR APPOINTMENT OF ____________________________ GUARDIAN/CONSERVATOR (Protected Person) I, ___________________________________________________________, (Objecting party’s name and relationship to the Protected Person) Hereby object to the Protective proceeding or the proposed guardian or conservator for the following reason (state reason below and use additional sheet if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________________________ ___________________________ Signature of Objecting Party ___________________________ Printed or Typed Name of Objecting Party ____________________________ City State Zip ____________________________ Telephone or Contact Telephone Number(s) NINTH JUDICIAL DISTRICT MALHEUR COUNTY CIRCUIT COURT APPENDIX D (Supplemental Local Rule 4.081, 5.001, 8.001, 11.052) NOTICE OF REMOTE APPEARANCE PURSUANT TO SLR 4.081, 5.001, 8.001, 11.052 Case Title: Case Number: Date of Hearing: Time of Hearing: Attorney Appearing by Telephone: DHS Caseworker Appearing by Telephone: Any person appearing by phone pursuant to this Notice shall, prior to the above hearing, file or deliver to the court any documentation or exhibits that may be necessary for the proceeding. The person appearing by phone shall pay all costs associated with the telephonic appearance. The person appearing by phone shall call the court with enough time prior to the hearing to assure they are ready to appear at the time set for the hearing. The person appearing by phone shall have the ability to mute their line and do so unless they are speaking on the record.