Oregon Law
Law as of Jan 1, 2026
Chapter contents
34.010Former writ of certiorari as writ of review 34.020Who may obtain review; intermediate orders reviewable 34.030Jurisdiction to grant writ; petition for writ; time limit 34.040When allowed 34.050Plaintiff’s undertaking 34.055[1977 c.515 §2; repealed by 1979 c.772 §26] 34.060To whom directed; return 34.070Stay of proceedings 34.080Issuance and service of writ 34.090Order for further return 34.100Power of court on review; appeal 34.102Review of decisions of municipal corporations; transfers between circuit court and Land Use Board of Appeals; limitations 34.105Definitions for ORS 34.105 to 34.240 34.110When and to whom writ issued 34.120Courts having jurisdiction 34.130Petition for writ; service; order of allowance; intervention 34.140Direction and service of writ; proof of service; enforcing obedience to writ 34.150Peremptory and alternative writs; form 34.160Allowance of peremptory writ in first instance 34.170Answer or motion to dismiss by defendant 34.180Failure to answer or move for dismissal; additional pleadings 34.190Other pleadings; construction and amendment of pleadings; motions; manner of trial 34.200Allowance and trial in Supreme Court 34.210Recovery of damages; attorney fees, costs and disbursements 34.220Recovery as a bar 34.230Imposition of fine; payment as bar 34.240Appeal 34.250Certain mandamus proceedings under Supreme Court’s original jurisdiction 34.310Purpose of writ; who may prosecute 34.320Courts having jurisdiction; transfer of proceedings 34.330Who may not prosecute writ 34.340Petition; who may apply; fee 34.350Application by district attorney 34.355Appointment of counsel; compensation and costs 34.360Contents of petition when person challenges authority for confinement 34.362Contents of petition when person challenges conditions of confinement or deprivation of rights while confined 34.365Filing petition of prisoner without payment of filing fees; fee as charge against trust account 34.370Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect 34.380Warrant in lieu of writ; when issued 34.390Order for arrest of person having custody 34.400Execution of warrant; return and proceedings thereon 34.410Criminal offense by person having custody 34.420[Repealed by 1991 c.884 §1 (34.421 enacted in lieu of 34.420)] 34.421Contents of writ 34.430Defect of form; designation of persons 34.440Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer 34.450Payment of charges when service is on person other than sheriff or other officer 34.460Manner of service 34.470Service when officer or other person hides or refuses admittance 34.480Proof of service 34.490Duty to obey writ 34.500When return must be made 34.510[Repealed by 1991 c.884 §10] 34.520Sickness of person 34.530Requiring return and production of party by order 34.540Contents of return 34.550Warrant in case of refusal or neglect to obey writ 34.560Failure of sheriff to return writ 34.570Precept commanding bringing of prisoner 34.580Inquiry into cause of imprisonment 34.590Discharge when no legal cause for restraint is shown 34.600When party to be remanded 34.610Grounds for discharge of prisoner in custody under order or civil process 34.620Inquiry into legality of certain judgments and process not permitted 34.630Proceedings where commitment for criminal offense is legal, or party probably is guilty 34.640Custody of party pending proceedings 34.650Notice to third persons 34.660Notice to district attorney 34.670Replication following return; hearing 34.680Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings 34.690Requiring production of person after writ issued 34.695Conduct of hearing 34.700Judgment; liability for obedience to judgment; payment of attorney fees 34.710Appeal; conclusiveness of judgment 34.712Summary affirmation of judgment on appeal 34.720Imprisonment after discharge 34.730Forfeiture for refusing copy of order or process 34.740Amendment of petition or action against public body when wrong remedy sought; effect of amendment on time limitations; attorney fees 34.810Scire facias and quo warranto 34.820[Repealed 1981 c.898 §53]

Chapter 34 — Writs

ORS 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, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, such prisoner shall be discharged only if one of the following cases exists:

(1)

The jurisdiction of the court or officer has been exceeded, either as to matter, place, sum or person.

(2)

The original imprisonment was lawful, yet by some act, omission or event which has taken place afterwards, the party has become entitled to be discharged.

(3)

The order or process is defective in some matter of substance required by law, rendering the same void.

(4)

The order or process, though in proper form, has been issued in a case not allowed by law.

(5)

The person having the custody of the prisoner under such order or process is not the person empowered by law to detain the prisoner.

(6)

The order or process is not authorized by any judgment of any court, nor by any provision of law.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.