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The person may also request a trial by a written declaration in the following states: California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. [1] In the case of a trial by written declaration, the accused does not have to be present in the courtroom; they may just explain the reason to defense for the case.
A sworn declaration used in place of an affidavit must be specifically authorized by statute. The federal courts and a few states have general statutes allowing a sworn declaration in any matter where an affidavit can be used. [2] [3] In other cases, sworn statements are allowed for some purposes, but not others. [4]
Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. [1] The four-justice plurality opinion of the court, written by Justice White , affirmed the judgment of the Oregon Court of Appeals and held that there ...
An Oregon judge is set to decide whether a gun control law approved by voters in November violates the state’s constitution in a trial that started Monday. The law, one of the toughest in the ...
The Court unanimously held, in an opinion written by Justice Harry Blackmun, that Rule 43 does not permit the trial in absentia of a defendant who is absent at the beginning of trial. This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial in absentia of a defendant who absconds prior to trial and is ...
A dead man's statute, also known as a dead man act or dead man's rule, is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a deceased person (a "decedent") against the decedent unless there is a waiver.
A Dec. 6 trial has been set for a Department of Public Safety Standards and Training employee charged with harassing a ... regulatory specialists at the Oregon Liquor and Cannabis Commission, 9-1 ...
In law, a reply is a legal document written by a party specifically replying to a responsive declaration and in some cases an answer.A reply may be written when a party or non-moving party (the party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a reply.