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Motion And Order To Transfer Case - Oregon
| Motion And Order To Transfer Case Form. This is a Oregon form and can be used in Change Of Venue Transfer Of Case Family Law Circuit Court Statewide . |
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________________ In the Matter of the Marriage of: ________________________________, Petitioner, and ________________________________, Respondent. ) ) ) ) ) ) ) ) Case No. ______________________ PETITIONER'S RESPONDENT'S MOTION AND ORDER TO TRANSFER CASE UTCR 5.050 Information Oral argument is requested. Estimated time: Court reporting services are requested (Requesting party pays) Motion Based on the attached Certificate, Petitioner Respondent, who is the moving party in a modification proceeding, or who submits this motion as a preliminary matter before initiating a modification proceeding, requests that this court grant an Order transferring certified copies of files, records and prepared transcripts of testimony, if any, in the above-referenced case to the Circuit court, County, this being the county in which Petitioner Respondent now resides or in which property of Petitioner Respondent is now located. This motion is not made for the purpose of delay. Statement of Points and Authorities For cases in which the moving party seeks modification or enforcement of a child support order and brings a motion to transfer: ORS 25.100(1) provides that the court may, upon motion of a party, order that certified copies of the files, records and prepared transcripts of testimony in a proceeding where an order or decree has been entered pursuant to ORS 107.095, 107.105, 108.120, 109.155, 416.400 to 416.470, 419B.400, 419C.590, or ORS chapter 110, be transmitted to the clerk of the circuit court of any county in this state in which the obligee or obligor now resides, or in which property of the obligor is now located. For cases involving a custody / parenting time modification, in which a party to the modification proceeding brings a motion to transfer: ORS 107.449 (1) provides that in a modification case under ORS 107.135 (1) that is not otherwise covered by ORS 25.100 (1), the Court which entered the original judgment may order the matter transferred to an auxiliary circuit court for the purpose of hearing the modification case, based upon convenience of the parties. This transfer may occur upon motion of a party to the modification proceeding, requesting transfer to the circuit court of a county in Oregon where either party resides. PETITIONER'S/RESPONDENT'S MOTION AND ORDER TO TRANSFER CASE - Page 1 of 2 Transfer 11: MotOrdTransfer11-Ver02.doc (3/08) American LegalNet, Inc. www.FormsWorkFlow.com 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 form. DATED this _______ day of ____________________, 20_____. Petitioner Respondent, Signature ORDER Allowed. Denied. Fees and costs for transfer of files, records and transcripts to be paid by Petitioner Respondent Other: DATED this ______ day of _____________________, 20_______. ____________________________________ Circuit Court Judge ____________________________________ Print Name Submitted by: Signature Petitioner Respondent, Print Name Address or Contact Address City, State, Zip Telephone or Contact Telephone I certify that this is a true copy.: , Petitioner Respondent, Signature PETITIONER'S/RESPONDENT'S MOTION AND ORDER TO TRANSFER CASE - Page 2 of 2 Transfer 11: MotOrdTransfer11-Ver02.doc (3/08) American LegalNet, Inc. www.FormsWorkFlow.com
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