71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2382
 
LC 1256/HB 2382-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2382
 
                    By COMMITTEE ON JUDICIARY
 
                            April 20
 
  On page 1 of the printed bill, delete lines 12 through 16 and
insert:
  ' B(1)(d) The party seeking judgment submits an affidavit
stating that, to the best knowledge and belief of the party
seeking judgment, the party against whom judgment is sought is
not incapacitated as defined in ORS 125.005, a minor, a protected
person as defined in ORS 125.005 or a respondent as defined in
ORS 125.005;'.
  Delete lines 22 through 25 and insert:
  ' B(2) By the court. In cases other than those cases described
in subsection (1) of this section, the party seeking judgment
must apply to the court for judgment by default. The party
seeking judgment must submit the affidavit required by subsection
(1)(d) of this section if, to the best knowledge and belief of
the party seeking judgment, the party against whom judgment is
sought is not incapacitated as defined in ORS 125.005, a minor, a
protected person as defined in ORS 125.005 or a respondent as
defined in ORS 125.005. If the party seeking judgment cannot
submit an affidavit under this subsection, a default judgment may
be entered against the other party only if a guardian ad litem
has been appointed or the party is represented by another person
as described in Rule 27.'.
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