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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1414
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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my divorce was final may 14 2013 I received a notice from

Customer Question

my divorce was final may 14 2013
I received a notice from my ex respondent attorneys that are trying to get my divorce decree set aside because they want a trial to reopen divorce proceddings to get more from me. 10 minute oral in front of judge to tell him they never received notice of default after they sent me 10 day notice.
Submitted: 1 year ago.
Category: Legal
Expert:  Amber E. replied 1 year ago.
What is your question?
Customer: replied 1 year ago.


I got a final divorce 5/13/2013


now I just received a notice dated 6/3/2013 that her attorneys paid 260 filing fee and want a 10 minute oral argument to set aside motion and order to set aside judgement of default.

Expert:  Amber E. replied 1 year ago.
Oregon law, specifically ORS 419B.923, allows a court to modify or set aside any order or judgment made by it.

Reasons for modifying or setting aside an order or judgment include, but are not limited to:
(a) Clerical mistakes in judgments, orders or other parts of the record and errors in the order or judgment arising from oversight or omission.
(b) Excusable neglect.
(c) Newly discovered evidence that by due diligence could not have been discovered in time to present it at the hearing from which the order or judgment issued.

Without knowing the particulars of the case, it is impossible to say whether they will be successful on their motion. However, if the required notice was not received, then that may be sufficient grounds for the court to act.
Customer: replied 1 year ago.


I asked court if I could email her attorney and they said yes and I have proof of email and date. Can I show judge this or how do I show him that they are lying and when do I do this. can I be present if he allows them to present argument . what can I do to stop this oral argument. they had 40 days to respond and never did.

Expert:  Amber E. replied 1 year ago.
1. I asked court if I could email her attorney and they said yes and I have proof of email and date. Can I show judge this or how do I show him that they are lying...

What you are describing is an exhibit. Typically, when trying to prove that an email was sent, one would submit proof to the court - this might include an exhibit, such as a copy or a print out or screenshot of the email in the "outbox" showing that it was sent to the recipient on a particular time and date. Exhibits are shown to the other party and the judge during the course of the hearing. Each side has a turn to speak, and exhibits are ordinarily introduced by a party during his or her turn.

The real difficulty is proving that the email was actually delivered or received. This is because email is not guaranteed to ever reach the intended recipient. The other party may argue that it was never received, which may be true; or, it may have been redirected to a spam folder for some reason.

When a recipient is denying having ever received an email, receipt can usually be proven by way of an actual receipt. But of course this requires that when the email was sent the person sending it had turned on the "read receipt" or "return receipt" function in the email, which sends an email back automatically when the recipient receives it. Even when that function is enabled, however, the feature is often disabled by recipients because it has been so often abused by spammers in the past. Another option is to retain a forensic analysis expert and subpoena the recipient's computer to see if the email or any remnant of the email remains on their computer.

2... and when do I do this. can I be present if he allows them to present argument .

Ordinarily, both parties are present. The one requesting a motion has the opportunity to present it and explain why it should be granted. Likewise, the other party has the opportunity to be present and explain why the motion should be denied.

3. ...what can I do to stop this oral argument.

Every individual is entitled to their day in court, so there is no real way of stopping it per se. However, a party to a suit may request a continuance if more time is needed - more time to prepare or to retain an attorney, for example.

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