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  1. #1

    Default Are Awards of Attorney Fees Permitted on a Motion to Reopen

    My question involves court procedures for the state of: Oregon

    Petitioner files an ORCP 71 motion to re-open a hearing from 6 months ago.
    Judge signs the order to Re-Open.

    ORCP 71 says that a Motion under RULE 71 must be accompanied by a pleading or Motion.

    I've been told that the statutes do not provide for attorney fee awards on ORCP 71 Motions. I can't find anything in the statutes to support that claim.

    Can a judge award attorney fees on an ORCP 71 Motion?

  2. #2
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    Default Re: Are Awards of Attorney Fees Permitted on a Motion to Reopen

    Are you the petitioner or respondent? Why was it necessary to reopen the case, and what was the judge's rationale for awarding attorney fees?

  3. #3

    Default Re: Are Awards of Attorney Fees Permitted on a Motion to Reopen

    I was respondent.
    After 8 months of motions to compel production of things that didn't exist, Petitioner finally withdrew the motion and asked for fees.

    Stated reason for withdrawal, was something like: We still believe we are right, but it not worth the effort it would take to get the evidence we need, so we are withdrawing to avoid any further conflict.

  4. #4
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    Default Re: Are Awards of Attorney Fees Permitted on a Motion to Reopen

    Quote Quoting portland-dad
    View Post
    ...After 8 months of motions to compel production of things that didn't exist, Petitioner finally withdrew the motion and asked for fees...
    Is the request for fees still PENDING, or has it already been granted?

  5. #5
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    Default Re: Are Awards of Attorney Fees Permitted on a Motion to Reopen

    It sounds like the request for fees is predicated upon an allegation that you engaged in misconduct, not upon the nature of the prior motion. It could also be pro forma - something they stick in every similar pleading.

  6. #6

    Default Re: Are Awards of Attorney Fees Permitted on a Motion to Reopen

    No fees granted yet.
    Petitioner is in bad position. Several obvious lies and mis-leading statements in their pleadings, that don't match physical evidence (email between parents). So instead of now claiming ORCP 71 fees, they are not saying that no party should get fees because statutes don't support fee awards for ORCP 71.

    Here's the rub. There was an order for Show Cause for ORCP 71B. Judge signed the show cause, then it was delayed 5 months, and then Petitioner finally withdrew the motion, but not before both sides spent thousands an motions to compel production, orders to allow petitioner to get information directly from IRS, etc. Petitioner never came up with ANY evidence, and now claims that Respondent is not entitled to attorney fees statutes don't support ORCP71 fee awards.

    ORCP71 says there must be accompanying pleading or motion. There was a declaration, so I guess that suffices. Then, there were requests for production, motions to compel production, etc.

    Does one base the attorney fee request on the accompanying pleading/motion, or on the ORCP 71 directly?

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