Free SCO #07-045 Adopting New Forms for DUII Diversion as Required by ORS 813.200(3) - Oregon

IN THE SUPREME COURT OF THE
STATE OF OREGON
In the Matter of Establishing New Forms for Driving Under the Influence of Intoxicants (DUll) Diversion: Uniform Petition and Agreement Explanation of Rights and Agreement Sworn Statement of Eligibility Petition for Entry of Plea, Waiver of Rights, and Order Summary of Diversion Fees Motion to Extend the DUll Diversion Period and Order
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ORDER NO.

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ORDER ADOPTING NEW
FORMS FOR DUll DIVERSION AS
REQUIRED BY
ORS 813.200(3)


This order is adopted under and to reflect the provisions of the following: ORS 813.200(3) and (4), and ORS 1.525. Under this cited authority, the Supreme Court of the State of Oregon adopts the following: · DUll Diversion Form 1, a revised one page "Uniform DUll Diversion Petition and Agreement" shown in Attachment A to this order. · DUll Diversion Form 2, a revised one page "Explanation of Rights and DUll Diversion Agreement" shown in Attachment B to this order.

· DUll Diversion Form 3, a revised one page "Petitioner Sworn Statement of Eligibility" shown in Attachment C to this order. · DUll Diversion Form 4, a revised three page "Petition for Entry of Plea, Waiver of Jury Trial, and Order" shown in Attach D to this order. · DUll Diversion Form 5, a new one page "Summary of DUll Diversion Fees" shown in Attachment E to this order. DUll Diversion Form 6, a revised two page "Motion to Extend theDUII Diversion Period and Order" shown in Attachment F to this order.

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The following establish requirements for the forms adopted by this order: 1. A petition for DUll diversion first filed with a court on or after January 1, 2008, for DUll diversion under ORS 813.200 to 813.270, as amended by chapters 867 and 879 of the Oregon Laws 2007, must use DUll Diversion Forms 1,2,3,4, and 5 adopted by this order. Form 2 will be printed on the reverse side of Form 1 so that it is clear that Form 2 was available when Form 1 was completed, unless the forms are filed electronically.

2. When the DUll diversion was initially granted on a petition first filed with the court on or after January 1,2004, any motion for an extension of the DUll diversion period must use DUll Diversion Form 6 adopted by this order. 3. When the DUll diversion was initially granted on a petition first filed with the court before January 1,2004, any motion for an extension of the DUll diversion period must use forms established by Attachments 4 and 5 of Supreme Court Order Nos. 97-076 and 97-082. 4. The forms shown in Attachments A through F to this order are incorporated in this order by reference. These forms will be printed on paper measuring 8W' II". Courts using forms adopted by this order may add blanks to their forms to require other information in addition to what these forms require or may provide additional information as the court deems necessary.

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5. This order authorizes the Oregon State Court Administrator, if necessary, to make and appropriately disseminate technical or formatting corrections to the forms adopted by this order so long as corrections do not conflict with or change the intent of the forms as adopted by the Supreme Court. This authority includes, but is not limited to, authority to modify these forms to reflect changes in amounts of fees and fines paid as may be required by laws adopted by a future Legislative Assembly, and to modify the forms to comply with electronic filing requirements. This order takes effect immediately. DATED this

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