IN THE OREGON TAX COURT
MAGISTRATE DIVISION

Court Administration

IN THE MATTER OF
THE ADOPTION OF
REVISIONS TO THE
RULES OF THE
OREGON TAX COURT -
MAGISTRATE DIVISION
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ORDER ADOPTING
REVISIONS TO
MAGISTRATE DIVISION
RULES

The following revisions are to the Magistrate Division Rules of the Oregon Tax Court. Material being deleted is italicized and [bracketed]; material being added or altered is set forth in bold with underlining. If an existing rule with multiple subsections is being revised, subsections and footnotes containing no revisions are omitted and denoted by asterisks.


MOTIONS
RULE 6

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D. Default. [A party filing a complaint may request that the relief be granted where the] A written motion for default may be filed when a defendant has failed to file an answer or a response to a filed complaint. The court may notify all parties that defendant failed to file an answer or a response. The party [must have filed a complaint that states a claim for which relief may] filing a complaint may submit a written motion for default asking that the relief requested in its complaint be granted. Once the motion for default [request] is filed, the complaint cannot be amended unless the court approves. If the motion for default [request] is filed with the court before an answer or a response is filed, the court will consider the motion and may hold a hearing. After due consideration, the court may enter a decision of default. Appeal may be taken from a decision of default by following the provisions of TCR-MD 18.


ENFORCEMENT
RULE 20

The court may enforce any decision, order, [or] judgment, or other statement directing a party to perform a specific act by imposing sanctions on the party refusing or neglecting to comply. Sanctions may include, but are not limited to, dismissal of the case, and may include sanctions [those] for contempt as authorized by statute.

Being duly advised, the court adopts the revised rules as set forth above, effective January 8, 2007.

Dated this 8th day of January, 2007.

Jill A. Tanner
Presiding Magistrate

Henry C. Breithaupt
Judge


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