Oregon Statutes - Chapter 34 - Writs

• 34.010   Former writ of certiorari as writ of review.
  The writ heretofore known as the writ of certiorari is known in these statutes as the writ of review.
• 34.020   Who may obtain review; intermediate orders reviewable.
  Except for a proceeding resulting in a land use decision or limited land use decision as defined in ORS 197.015, for which review is provided...
• 34.030   Jurisdiction to grant writ; petition for writ; time limit.
  The writ shall be allowed by the circuit court, or, in counties where the county court has judicial functions, by the county court wherein the...
• 34.040   When allowed.
  (1) The writ shall be allowed in all cases in which a substantial interest of a plaintiff has been injured and an inferior court including...
• 34.050   Plaintiff’s undertaking.
  Before allowing the writ, the court shall require the plaintiff to give an undertaking to its approval, with one or more sureties, in the sum...
• 34.055   [1977 c.515 §2; repealed by 1979 c.772 §26]
• 34.060   To whom directed; return.
  The writ shall be directed to the court, officer, or tribunal whose decision or determination is sought to be reviewed, or to the clerk or...
• 34.070   Stay of proceedings.
  In the discretion of the court issuing the writ, the writ may contain a requirement that the defendant desist from further proceedings in the matter...
• 34.080   Issuance and service of writ.
  Upon the filing of the order allowing the writ, and the petition and undertaking of the plaintiff, the clerk shall issue the writ, as ordered....
• 34.090   Order for further return.
  If the return to the writ is incomplete, the court may order a further return to be made.
• 34.100   Power of court on review; appeal.
  Upon the review, the court shall have power to affirm, modify, reverse or annul the decision or determination reviewed, and if necessary, to award restitution...
• 34.102   Review of decisions of municipal corporations; transfers between circuit court and Land Use Board of Appeals; limitations.
  (1) As used in this section, “municipal corporation” means a county, city, district or other municipal corporation or public corporation organized for a public purpose,...
• 34.105   Definitions for ORS 34.105 to 34.240.
  As used in ORS 34.105 to 34.240: (1) “Adverse party” means a beneficially interested party to a judicial or administrative proceeding from which a mandamus...
• 34.110   When and to whom writ issued.
  A writ of mandamus may be issued to any inferior court, corporation, board, officer or person, to compel the performance of an act which the...
• 34.120   Courts having jurisdiction.
  (1) Except as provided in subsection (2) of this section, the circuit court or judge thereof of the county wherein the defendant, if a public...
• 34.130   Petition for writ; service; order of allowance; intervention.
  (1) The relator shall file a petition for a writ of mandamus with the clerk of the court or court administrator. (2) The relator shall...
• 34.140   Direction and service of writ; proof of service; enforcing obedience to writ.
  (1) The writ shall be directed to the court, corporation, board, officer or person designated in the order of allowance, and may be served thereon,...
• 34.150   Peremptory and alternative writs; form.
  (1) The writ shall be either alternative or peremptory. (2) When in the alternative, the writ shall: (a) State concisely the facts, according to the...
• 34.160   Allowance of peremptory writ in first instance.
  When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not...
• 34.170   Answer or motion to dismiss by defendant.
  On the return day of the alternative writ, or such further day as the court or judge thereof may allow, the defendant on whom the...
• 34.180   Failure to answer or move for dismissal; additional pleadings.
  If the defendant does not show cause by motion to dismiss or answer, a peremptory mandamus shall be allowed against the defendant. If the answer...
• 34.190   Other pleadings; construction and amendment of pleadings; motions; manner of trial.
  The pleadings in the proceeding by mandamus are those mentioned in ORS 34.170 and 34.180, and none other are allowed. They are to have the...
• 34.200   Trial during term time or vacation; allowance and trial in Supreme Court.
  (1) In the circuit court or Oregon Tax Court the writ may be made returnable either in term time or vacation, and if the latter,...
• 34.210   Recovery of damages; attorney fees, costs and disbursements.
  (1) If the court orders issuance of a peremptory writ of mandamus, the relator shall recover from the defendant damages which the relator has sustained...
• 34.220   Recovery as a bar.
  A recovery of damages by virtue of ORS 34.210 against a party who has made a return to a writ of mandamus is a bar...
• 34.230   Imposition of fine; payment as bar.
  Whenever a peremptory mandamus is directed to a public officer or body commanding the performance of any public duty specially enjoined by law, if it...
• 34.240   Appeal.
  From the judgment of the circuit court or Oregon Tax Court, or judge thereof, refusing to allow a mandamus, or directing a peremptory mandamus, an...
• 34.250   Certain mandamus proceedings under Supreme Court’s original jurisdiction.
  (1) The provisions of this section apply only to the exercise of the Supreme Court’s original jurisdiction in mandamus proceedings that challenge the actions of...
• 34.310   Purpose of writ; who may prosecute.
  The writ of habeas corpus ad subjiciendum is the writ designated in ORS 34.310 to 34.730, and every other writ of habeas corpus is abolished....
• 34.320   Courts having jurisdiction; transfer of proceedings.
  The circuit court of the judicial district wherein the party is imprisoned or restrained, and, if vested with power to exercise judicial functions, the county...
• 34.330   Who may not prosecute writ.
  A person may not prosecute a writ of habeas corpus if: (1) The person is imprisoned or restrained by virtue of process issued by a...
• 34.340   Petition; who may apply; fee.
  The writ shall be allowed by the court or judge thereof upon the petition of the party for whose relief it is intended, or of...
• 34.350   Application by district attorney.
  Whenever a writ of habeas corpus is required in any action, suit or proceeding, civil or criminal, to which the state is a party, the...
• 34.355   Appointment of counsel; compensation and costs.
  If counsel is appointed by a court to represent, in an initial proceeding by habeas corpus or on appeal as provided in ORS 34.710, a...
• 34.360   Contents of petition when person challenges authority for confinement.
  If the challenge is to the authority for confinement, the petition shall state, in substance: (1) That the party in whose behalf the writ is...
• 34.362   Contents of petition when person challenges conditions of confinement or deprivation of rights while confined.
  If the person is imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330 and the person challenges the conditions...
• 34.365   Filing petition of prisoner without payment of filing fees; fee as charge against trust account.
  (1) Any court of the State of Oregon may authorize the filing of a petition for a writ of habeas corpus by or on behalf...
• 34.370   Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect.
  (1) Except as provided in subsection (6) of this section, the judge to whom the petition for a writ of habeas corpus is presented shall,...
• 34.380   Warrant in lieu of writ; when issued.
  Whenever it appears by satisfactory evidence that any person is illegally imprisoned or restrained and there is good reason to believe that the person will...
• 34.390   Order for arrest of person having custody.
  When the proof mentioned in ORS 34.380 is also sufficient to justify an arrest of the person having the party in custody, as for a...
• 34.400   Execution of warrant; return and proceedings thereon.
  Any officer or person to whom a warrant issued under ORS 34.380 is directed shall execute the same by bringing the party therein named and...
• 34.410   Criminal offense by person having custody.
  If the person having such party in custody is brought before the court or judge as for a criminal offense, the person shall be examined,...
• 34.420   [Repealed by 1991 c.884 §1 (34.421 enacted in lieu of 34.420)]
• 34.421   Contents of writ.
  The writ shall require the defendant to file a return, at a specified time and place, that states the time and cause of plaintiff’s imprisonment...
• 34.430   Defect of form; designation of persons.
  The writ shall not be disobeyed for any defect of form. It is sufficient: (1) If the officer or person having the custody of the...
• 34.440   Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer.
  (1) A writ of habeas corpus may be served by any sheriff within the county of the sheriff, or by any other person designated in...
• 34.450   Payment of charges when service is on person other than sheriff or other officer.
  Every court or judge allowing a writ of habeas corpus, directed to a person other than a sheriff or other officer, may require, in order...
• 34.460   Manner of service.
  The writ of habeas corpus may be served by delivery of the original to the officer or person to whom it is directed, or if...
• 34.470   Service when officer or other person hides or refuses admittance.
  If the officer or person on whom the writ ought to be served hides from the person attempting to make service, or refuses admittance to...
• 34.480   Proof of service.
  The proof of service of the writ shall be the same as in the service of a summons, except that the same shall be indorsed...
• 34.490   Duty to obey writ.
  It is the duty of every sheriff or other officer upon whom a writ of habeas corpus is served, whether such writ is directed to...
• 34.500   When return must be made.
  If the writ is returnable at a certain time, the return shall be made at the time and place specified therein; if it is returnable...
• 34.510   [Repealed by 1991 c.884 §10]
• 34.520   Sickness of person.
  Whenever, from the sickness or infirmity of the party, the party cannot, without danger, be produced, the officer or person in whose custody the party...
• 34.530   Requiring return and production of party by order.
  At any time after the allowance of a writ of habeas corpus, the plaintiff therein, or the person applying therefor on behalf of the plaintiff,...
• 34.540   Contents of return.
  (1) The officer or person upon whom the writ was duly served shall state in the return, plainly and unequivocally: (a) Whether the officer or...
• 34.550   Warrant in case of refusal or neglect to obey writ.
  If the person upon whom the writ was duly served refuses or neglects to obey the same by producing the party named in the writ...
• 34.560   Failure of sheriff to return writ.
  If a sheriff neglects to return the writ, the warrant may be directed to any other person to be designated therein, who shall have full...
• 34.570   Precept commanding bringing of prisoner.
  The court or judge issuing the warrant may also, at the same time or afterwards, issue a precept to the person to whom the warrant...
• 34.580   Inquiry into cause of imprisonment.
  The court or judge before whom the party is brought on the writ shall, immediately after the return thereof, proceed to examine into the facts...
• 34.590   Discharge when no legal cause for restraint is shown.
  If no legal cause is shown for the imprisonment or restraint, or for the continuation thereof, the court or judge shall discharge such party from...
• 34.600   When party to be remanded.
  It shall be the duty of the court or judge forthwith to remand such party if it appears that the party is legally detained in...
• 34.610   Grounds for discharge of prisoner in custody under order or civil process.
  If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted,...
• 34.620   Inquiry into legality of certain judgments and process not permitted.
  No court or judge, on the return of a writ of habeas corpus, has power to inquire into the legality or justice of any order,...
• 34.630   Proceedings where commitment for criminal offense is legal, or party probably is guilty.
  If it appears that the party has legally been committed for a criminal offense, or if the party appears by the testimony offered with the...
• 34.640   Custody of party pending proceedings.
  Until judgment is given upon the return, the party may either be committed to the custody of the sheriff of the county, or placed in...
• 34.650   Notice to third persons.
  When it appears from the return that the party named therein is in custody on an order or process under which another person has an...
• 34.660   Notice to district attorney.
  When it appears from the return that the party is imprisoned or restrained on a criminal accusation, the court or judge shall make no order...
• 34.670   Replication following return; hearing.
  The plaintiff in the proceeding, on the return of the writ, may, by replication, signed as in an action, controvert any of the material facts...
• 34.680   Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings.
  (1) The defendant may, before the writ issues, move to deny the petition on the grounds that the petition fails to state a claim for...
• 34.690   Requiring production of person after writ issued.
  The court or judge before whom the writ is returnable may, before final decision, issue a precept to the officer or other person to whom...
• 34.695   Conduct of hearing.
  If the matter proceeds to an evidentiary hearing, as described in ORS 34.670, the court shall decide the issues raised in the pleadings and may...
• 34.700   Judgment; liability for obedience to judgment; payment of attorney fees.
  (1) If it appears that the party detained is imprisoned or restrained illegally, judgment shall be given that the party be discharged forthwith; otherwise, judgment...
• 34.710   Appeal; conclusiveness of judgment.
  Any party to a proceeding by habeas corpus, including the state when the district attorney appears therein, may appeal from the judgment of the court...
• 34.712   Summary affirmation of judgment on appeal.
  In reviewing the judgment of any court under ORS 34.310 to 34.730, the Court of Appeals, on its own motion or on the motion of...
• 34.720   Imprisonment after discharge.
  A person who has been finally discharged upon a proceeding by habeas corpus may not again be imprisoned, restrained or kept in custody for the...
• 34.730   Forfeiture for refusing copy of order or process.
  Any officer or other person refusing to deliver a copy of any order, warrant, process or other authority by which the officer or person detains...
• 34.740   Amendment of petition or action against public body when wrong remedy sought; effect of amendment on time limitations; attorney fees.
  (1) A circuit court shall allow a person to amend a petition or action in the manner provided by this section if: (a) The person...
• 34.810   Scire facias and quo warranto.
  The writ of scire facias, the writ of quo warranto, and proceedings by information in the nature of quo warranto are abolished, and the remedies...
• 34.820   [Repealed 1981 c.898 §53]

Last modified: August 7, 2008