Civil Forfeiture

ORS 131A.170
Expedited hearing on claim


(1)

A person claiming an interest in seized property may file a petition for an expedited hearing within 15 days after service of a forfeiture notice on the person or within such further time as the court may allow for good cause shown.

(2)

A petition for an expedited hearing must contain a claim as described in ORS 131A.165 (Claims) if a claim has not previously been filed. The petition must indicate whether the petitioner seeks one or more of the following:

(a)

A determination at the hearing of any of the affirmative defenses provided for in ORS 131A.260 (Affirmative defenses in forfeiture action).

(b)

An order restoring custody of seized property to the petitioner during the pendency of the proceedings.

(c)

Appointment of a receiver.

(3)

A person filing a petition under this section shall serve a copy of the petition on all persons known to have an interest in the property. Service must be made as provided in ORCP 7 D. Service by publication is not required before an expedited hearing.

(4)

A hearing shall be held within 15 days after service of all persons known to have an interest in the property, or at such later time as the court may allow for good cause shown. The hearing shall be limited to deciding whether to grant the relief sought in the petition.

(5)

The court may enter an order directing the return of the seized property to the claimant during the pendency of the hearing if the court finds, by a preponderance of the evidence, that it is probable that the property will remain available for forfeiture at the completion of the proceedings and that there is a reasonable possibility that the petitioner will ultimately prevail in the proceeding.

(6)

If the petition is denied, and the petitioner subsequently discovers evidence relevant to the claimed relief, the petitioner may file a new petition under this section at any time before a trial in the forfeiture action. The new petition shall be served as provided in ORS 131A.230 (Service).

(7)

The parties in a forfeiture action may at any time stipulate to the entry of an order restoring custody of seized property to a petitioner who claims an interest in the property. The order shall comply with the requirements of ORS 131A.180 (Order restoring custody of property after expedited hearing) (1). [2009 c.78 §22]

Source

Last accessed
Jun. 26, 2021