Grants Pass, OR asked in Child Custody and Family Law for Oregon

Q: Can I file a order of dismissal or a quashed order for improperly being served a motion to modify custody?

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Steven Leskin
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  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The Oregon Rules of Civil Procedure detail how any court document is supposed to be served. If a particular document is not served accordingly, you can assert an affirmative defense of improper service. In some cases, the requirements for service are very particular, and the court will dismiss an action based on this affirmative defense. On the other hand, if you assert the defense, that is prima facie evidence that you had actual notice of the issue, and the court will consider the defect minor and continue you on with the opposing party's motion.

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