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. [Amended by 2003 c.576 §315]

Source: Section 34.610 — Grounds for discharge of prisoner in custody under order or civil process, https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html.

Notes of Decisions

Petitioner was not entitled to release through writ of habeas corpus where facts did not show that fair trial was no longer possible so as to entitle her to dismissal of prosecution under [former] ORS 135.747 or that trial court had not properly found that proof or presumption of guilt was evident or strong under ORS 135.240. Haynes v. Burks, 290 Or 75, 619 P2d 632 (1980)

If other requirements for habeas corpus relief are met, subconstitutional violation may support claim that continued imprisonment of inmate is unlawful. Colby v. Thompson, 183 Or App 311, 52 P3d 1058 (2002), Sup Ct review denied

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

§ 34.610’s source at oregon​.gov