Oregon Statutes 419B.890 – Dismissal of petition at end of petitioners case; settlement conference
(1) After the proponent of the petition has completed the presentation of evidence, any other party, without waiving the right to offer evidence in the event the motion is not granted, may move for dismissal of any or all of the allegations of the petition on the ground that upon the facts and the law the proponent of the petition has failed to prove the allegations or, if proven, the allegations do not constitute a legal basis for the relief sought by the petition. The court may order dismissal of the petition or one or more of the allegations of the petition, or the court may decline to render any order until the close of all the evidence.
Terms Used In Oregon Statutes 419B.890
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) Unless the court in its judgment of dismissal otherwise specifies, a dismissal under this section operates as an adjudication without prejudice.
(3) At any time at the request of a party or upon the court’s own motion, the court may order a settlement conference or, if funds are available for a mediator, mediation.
(4) If there is reason to know that the child or ward is an Indian child, prior to scheduling a settlement conference on jurisdiction, guardianship under ORS § 419B.365 or 419B.366 or termination of parental rights under ORS § 419B.500, the petitioner shall provide notice to the Indian child’s tribe pursuant to ORS § 419B.639. In addition, the court shall provide notice to the Indian child’s tribe that includes a description of the settlement process, the procedure to schedule the settlement conference and the date that the hearing will occur if settlement is not reached. [2001 c.622 § 24; 2020 s.s.1 c.14 § 41]