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ORS 34.150

Applied in 5 court decisions — leading case Elkhorn Baptist Church v. Brown (2020)

Most recently applied in Elkhorn Baptist Church v. Brown (June 2020)

Amended by 2005 c.22 §26

How often courts cite this section

20062010202020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The writ shall be either alternative or peremptory.

(2) When in the alternative, the writ shall:

(a) State concisely the facts, according to the petition, showing:

(A) The obligation of the defendant to perform the act; and

(B) The omission of the defendant to perform the act;

(b) Command that the defendant, immediately after the receipt of the writ, or at some other specified time:

(A) Perform the act required to be performed; or

(B) Show cause before the court or judge thereof, by whom the writ was allowed, at a time and place therein specified, why the defendant has not done so; and

(c) Command that the defendant then and there return the writ, with the certificate of the defendant annexed, of having done as the defendant is commanded, or the cause of omission thereof.

(3) When peremptory, the writ shall be in a form similar to that described in subsection (2) of this section, except that the words requiring the defendant to show cause why the defendant has not done as commanded, and to return the cause therefor, shall be omitted.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.