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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42891
Experience:  Texas Attorney for 30 years dealing in real estate
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Property dispute easement- do I need a special form or the

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property dispute easement- do I need a special form or the courts permission to get sworn affidavits? Can a notary public commission these? do these have to be done before the pretrial conference? Is the burden of proof on me the defendant or on the person that filed the complaint? If I subpoena witnesses to testify how much time do I need to give the witness prior to the trial? The State of Oregon has a 6 years statue of limitations I've been using this property continuously for the last 21 years it changed hands 2 years ago in 2015 dec 2016 is when I found out about the mans plans to develop it does that make their claim of trespass possible?. do I bring witnesses to the pretrial conference? Whats the cost of typical jury fees? I accidently misspelled the Judges name in a response to the bifurcation should I write an apology to the court or judge?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

You can gather sworn affidavits, you will need the people as witnesses at trial to authenticate them and be subject to cross examination. You will not need witnesses or affidavits for pretrial conference.A pretrial conference is merely for scheduling, there will be a cut off date for motions and discovery and a trial date.

Jury trial fees

2015 ORS 21.225¹

Trial fees

(1) In any civil action, suit or proceeding in the circuit court, other than a protective proceeding under ORS chapter 125 or a probate, adoption or change of name proceeding, trial fees shall be collected as provided in this section.

(2) The clerk of the circuit court shall collect from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a trial fee of $125 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

(3)(a) The clerk shall collect from the plaintiff or appellant, for a trial by a jury of more than six persons, a jury trial fee of $225 for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a trial by a jury of six persons, a jury trial fee of $150 for each full or partial day of the trial. The amount of the fee for the first day of trial shall be collected in advance and is due and payable when the action, suit or proceeding is set for trial by jury. The amount of the fee for subsequent days of trial shall be collected on the day the trial concludes.

(b) If the plaintiff or appellant waives a trial by jury, and the defendant or respondent desires a trial by jury, the clerk shall collect the jury trial fee from the defendant or respondent, and not from the plaintiff or appellant.

(c) A case in which the jury trial fee for the first day of trial has not been paid shall be tried by the court without a jury, unless the court otherwise orders. If a case in which the jury trial fee for the first day of trial has not been paid is tried by a jury, the clerk shall tax against the losing party the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and may be made part of the judgment in the case by the clerk without further notice to the debtor or further order of the court.

(4) If a counterclaim, cross-claim or third party claim is tried on any day other than a day on which the claim of the plaintiff is tried, the clerk shall collect from the party asserting the counterclaim, cross-claim or third party claim the trial fee or jury trial fee, whichever is applicable, for that day, and shall not collect the applicable fee for that day from the plaintiff. If the party asserting a counterclaim, cross-claim or third party claim waives a trial by jury on the claim, and the party defending against the claim desires a trial by jury on the claim, the clerk shall collect the jury trial fee from the defending party and not from the asserting party.

(5) The fees provided for in this section include any reporting of the trial proceedings, but not the preparation of transcripts of a report.

(6) Except as otherwise provided in subsection (3)(c) of this section, the fees provided for in this section that are paid by a party shall be considered costs and disbursements and may be taxed and collected as other costs and disbursements by the prevailing party.

(7) A court shall order that a trial fee paid under the provisions of this section be refunded to the party that paid the fee if all claims in the action or proceeding are decided without the commencement of a trial and the party that paid the fee files a motion and affidavit requesting refund of the fee not more than 15 days after entry of judgment disposing of the action or proceeding. [Formerly 21.270]

I appreciate the chance to help you and wish you good luck here.

If you can positive rate 5 stars it is much appreciated.

You just bring affidavits and witnesses for the jury trial.

GENERAL AFFIDAVIT

State of Oregon
County of ________________

BEFORE ME, the undersigned Notary, ___________________________________________________ [name of Notary before whom affidavit is sworn], on this _________________ [day of month] day of_________________ [month], 20____, personally appeared ___________________________________________________ [name ofaffiant], known to me to be a credible person and of lawful age, who being by mefirst duly sworn, on ________ [his or her] oath, deposes and says:

___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
[set forth affiant's statement of facts]

__________________________________
[signature of affiant]

__________________________________
[typed name of affiant]

__________________________________
[address of affiant, line 1]

__________________________________
[address of affiant, line 2]

Subscribed and sworn to before me, this _________________ [day of month] day of_________________ [month], 20____.

[Notary Seal:]

__________________________________
[signature of Notary]

__________________________________
[typed name of Notary]

NOTARY PUBLIC

My commission expires: ________________, 20____.

You will need to have them sign in front of notary here.

Customer: replied 1 month ago.
Sorry I didn't respond sooner I don't have the internet where I live. and I have to leave home for reception, I appreciate your time and knowledge in answering my questions, 1- am I asking more questions than I'm allowed? 2- Am I being charged beyond my membership fee? 3- My question on trespassing didn't get answered along with 4- the question about the burden of proof and 5- whether or not I owe the judge an apology, I am self representing and I will see him again, Thank You for the affidavit form, I thought affidavits were to save the witness from having to show up in court, 6- what's the purpose if they have to testify in court anyway? I was trying to save my neighbors the hassle of going to court. I asked a lot of other questions a few days ago and haven't seen a response yet I don't want to ask the same questions so I will wait until I hear those answers, I appreciate your help cathy

It will shorten their time but yest hey have to come to testify here.They are subject to cross exam. I don't have anything to do with the money here.If you have other questions posted other experts will answer them.If you can positive rate 5 stars it is much appreciated.The other questions will likely get answered if you do so.Thanks.

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