ORS 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 serve a copy of the petition on the defendant and, if the mandamus proceeding arises from a judicial or administrative proceeding, on all parties to such proceeding. Service of the petition on the defendant and adverse parties is sufficient if it complies with ORCP 9 B. The court in its discretion may act on a petition regardless of defects in the service of the petition on any adverse party, and the petition may be allowed with or without notice to the adverse party, as in a writ of review proceeding.

(3)

Except as to a petition filed in the Supreme Court, the writ shall be allowed by the court or judge thereof on the petition. On the filing of the order of allowance, the clerk or court administrator forthwith shall issue the writ in accordance with the petition. The clerk or court administrator may require the relator to provide a form of writ in accordance with the petition.

(4)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, at any time in the course of a mandamus action until the return date of the alternative writ, any adverse party may intervene in the mandamus proceeding as matter of right. At any time subsequent to the return date of the alternative writ, the court in its discretion may allow an adverse party to intervene. With the consent of the defendant and, if the defendant is a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court, subject to ORS 1.550 (Private counsel for judges) and 1.560 (Procedure for employment of private counsel), the attorney for an adverse party may appear on behalf of the defendant.

(b)

For a petition filed pursuant to ORS 215.429 (Mandamus proceeding when county fails to take final action on land use application within specified time) or 227.179 (Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days), a motion to intervene must be filed with the court within 21 days of the date the petition was filed under subsection (1) of this section.

(5)

The filing or allowance of a petition for a writ of mandamus does not stay any judicial or administrative proceeding from which the mandamus proceeding may arise, but the court in its discretion may stay such proceeding. [Amended by 1971 c.193 §27; 1989 c.702 §3; 1999 c.533 §2]

Source: Section 34.130 — Petition for writ; service; order of allowance; intervention, https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html.

Notes of Decisions

This section sets out sequential, procedural parameters for circuit court’s allowance of writ of mandamus, but is not substantive requirement for circuit court to allow and direct issuance of alternative writ. State ex rel Portland Habilitation Center v. PSU, 353 Or 42, 292 P3d 537 (2012)

Law Review Citations

2 EL 326 (1972)

34.010
Former writ of certiorari as writ of review 34.020
Who may obtain review 34.030
Jurisdiction to grant writ 34.040
When allowed 34.050
Plaintiff’s undertaking 34.060
To whom directed 34.070
Stay of proceedings 34.080
Issuance and service of writ 34.090
Order for further return 34.100
Power of court on review 34.102
Review of decisions of municipal corporations 34.105
Definitions for ORS 34.105 to 34.240 34.110
When and to whom writ issued 34.120
Courts having jurisdiction 34.130
Petition for writ 34.140
Direction and service of writ 34.150
Peremptory and alternative writs 34.160
Allowance of peremptory writ in first instance 34.170
Answer or motion to dismiss by defendant 34.180
Failure to answer or move for dismissal 34.190
Other pleadings 34.200
Allowance and trial in Supreme Court 34.210
Recovery of damages 34.220
Recovery as a bar 34.230
Imposition of fine 34.240
Appeal 34.250
Certain mandamus proceedings under Supreme Court’s original jurisdiction 34.310
Purpose of writ 34.320
Courts having jurisdiction 34.330
Who may not prosecute writ 34.340
Petition 34.350
Application by district attorney 34.355
Appointment of counsel 34.360
Contents of petition when person challenges authority for confinement 34.362
Contents of petition when person challenges conditions of confinement or deprivation of rights while confined 34.365
Filing petition of prisoner without payment of filing fees 34.370
Order to show cause 34.380
Warrant in lieu of writ 34.390
Order for arrest of person having custody 34.400
Execution of warrant 34.410
Criminal offense by person having custody 34.421
Contents of writ 34.430
Defect of form 34.440
Who may serve writ 34.450
Payment of charges when service is on person other than sheriff or other officer 34.460
Manner of service 34.470
Service when officer or other person hides or refuses admittance 34.480
Proof of service 34.490
Duty to obey writ 34.500
When return must be made 34.520
Sickness of person 34.530
Requiring return and production of party by order 34.540
Contents of return 34.550
Warrant in case of refusal or neglect to obey writ 34.560
Failure of sheriff to return writ 34.570
Precept commanding bringing of prisoner 34.580
Inquiry into cause of imprisonment 34.590
Discharge when no legal cause for restraint is shown 34.600
When party to be remanded 34.610
Grounds for discharge of prisoner in custody under order or civil process 34.620
Inquiry into legality of certain judgments and process not permitted 34.630
Proceedings where commitment for criminal offense is legal, or party probably is guilty 34.640
Custody of party pending proceedings 34.650
Notice to third persons 34.660
Notice to district attorney 34.670
Replication following return 34.680
Motion to deny petition 34.690
Requiring production of person after writ issued 34.695
Conduct of hearing 34.700
Judgment 34.710
Appeal 34.712
Summary affirmation of judgment on appeal 34.720
Imprisonment after discharge 34.730
Forfeiture for refusing copy of order or process 34.740
Amendment of petition or action against public body when wrong remedy sought 34.810
Scire facias and quo warranto
Green check means up to date. Up to date

Current through early 2024

§ 34.130’s source at oregon​.gov