If a motion for relief is allowed, the matter shall be set for trial or arraignment as appropriate. The court may rule on the motion without a hearing or may require the defendant to appear in court and present oral argument. As further provided by ORS 153.105, a motion for relief must be made within a reasonable time, and in no event may such a motion be made more than one year after entry of judgment. The motion must show “that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect,” as provided by ORS 153.105. Tigard Municipal Court Rule #4, Subsection 7Ī motion for relief from a judgment in civil and traffic cases must be submitted in writing. A motion for relief under this section must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment. If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect. Section 153.105 - Relief from default judgment If you don’t have a lawyer, you may wish to contact the Oregon State Bar’s Lawyer Referral Service at 50. You may be represented by a lawyer at your own expense. The motion must show that the failure to appear was due to one of the following:
A motion for relief must be filed within a reasonable time, but no more than one year after the judgment was entered by the court. State law and court rules (see below) provide a way for defendants to seek relief from such judgments by making a written request (a “motion”) that satisfies all legal requirements. (2) On the entry of judgment for plaintiff, a final judgment. If a person cited for a violation (a “defendant”) fails to appear at the time scheduled for a first appearance, or at the time scheduled for trial, the court may enter a money judgment against the defendant under Oregon law. (1) If the garnishee fails to answer as required, a default shall be entered against him or her.
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