ORS 399.238
Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members

(1)

As used in this section, “service member” means:

(a)

A member of the organized militia who is called into active service under ORS chapter 399.

(b)

A member of the Oregon National Guard who is called into active service outside this state under Title 10 or Title 32 of the United States Code.

(2)

A service member may, while in active service or within one year after that service ends, apply to a court or an administrative body:

(a)

For relief with respect to any obligation or liability incurred by the member before the period of active service began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service.

(b)

For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service.

(3)

The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section.

(4)

An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding.

(5)

The period of a service member’s active service may not be included in computing any period limited by law, rule or order for bringing any action or proceeding before a court or administrative body for or against the service member or the service member’s heirs, executors, administrators or assigns. [2003 c.387 §9; 2005 c.79 §1; 2007 c.400 §1; 2009 c.345 §3]
Note: 399.238 (Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members) and 399.240 (Limitation on rate of interest incurred by state service members during period of active service) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 399.238 — Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members, https://www.­oregonlegislature.­gov/bills_laws/ors/ors399.­html.

399.015
Army National Guard 399.025
Air National Guard 399.035
Oregon Civil Defense Force 399.045
Organization and training 399.055
Assemblies, periodic training and other duty 399.065
Ordering organized militia into active state service 399.075
Ordering organized militia to state active duty 399.085
Credit for active federal service 399.105
Militia unit facilities 399.115
Trespassers and disturbers to be placed in arrest 399.125
Repossession of military property by state 399.135
Right of way on public streets and highways 399.145
Free passage through tollgates and tunnels and over toll bridges and ferries 399.150
Oaths and affirmations 399.155
Unlawful wearing of uniform or insignia 399.205
Complaints of wrongs 399.210
Eligibility to state office of federally paid members of organized militia 399.215
Exemption from jury duty 399.225
Relief from civil or criminal liability 399.238
Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members 399.240
Limitation on rate of interest incurred by state service members during period of active service 399.242
Suspension or termination of certain services by service members 399.245
Definitions for ORS 399.245 to 399.265 399.255
Scholarship program 399.265
Award prior to completion of service requirement 399.275
Tuition waiver program 399.280
Eligibility 399.405
Appointment of commissioned officers 399.410
Applicability of chapter to warrant officers 399.415
Qualifications of officers 399.420
Assignment and transfer of officers 399.425
Resignations 399.430
Absence without leave considered resignation 399.435
Efficiency and medical examining boards 399.440
Efficiency and medical examining boards 399.445
Officer bonds 399.450
Responsibility for public property 399.456
Uniform allowance 399.460
Oregon National Guard Association 399.505
Enlistment, period of service, transfer, discharge and extensions of enlistments 399.510
Contract and oath of enlistment 399.515
Explanation of military laws and Oregon Code of Military Justice to members of organized militia 399.520
Noncommissioned officers 399.525
Discharges 399.530
Dropping from rolls 399.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 399.238’s source at oregon​.gov