2021 Oregon Revised Statutes
Chapter 034 - Writs
Section 34.040 - When allowed.


(a) Exceeded its jurisdiction;
(b) Failed to follow the procedure applicable to the matter before it;
(c) Made a finding or order not supported by substantial evidence in the whole record;
(d) Improperly construed the applicable law; or
(e) Rendered a decision that is unconstitutional.
(2) The fact that the right of appeal exists is no bar to the issuance of the writ. [Amended by 1965 c.292 §1; 1973 c.561 §1; 1979 c.772 §13; 1995 c.79 §12; 1995 c.658 §29]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 034 - Writs

Section 34.040 - When allowed.

Section 34.102 - Review of decisions of municipal corporations; transfers between circuit court and Land Use Board of Appeals; limitations.

Section 34.105 - Definitions for ORS 34.105 to 34.240.

Section 34.120 - Courts having jurisdiction.

Section 34.130 - Petition for writ; service; order of allowance; intervention.

Section 34.140 - Direction and service of writ; proof of service; enforcing obedience to writ.

Section 34.150 - Peremptory and alternative writs; form.

Section 34.210 - Recovery of damages; attorney fees, costs and disbursements.

Section 34.250 - Certain mandamus proceedings under Supreme Court’s original jurisdiction.

Section 34.330 - Who may not prosecute writ.

Section 34.360 - Contents of petition when person challenges authority for confinement.

Section 34.362 - Contents of petition when person challenges conditions of confinement or deprivation of rights while confined.

Section 34.365 - Filing petition of prisoner without payment of filing fees; fee as charge against trust account.

Section 34.370 - Order to show cause; time for ruling on show cause order; attorney fees; entry of judgment or issuance of writ; effect.

Section 34.430 - Defect of form; designation of persons.

Section 34.440 - Who may serve writ; tender of fees and undertaking when service is on sheriff or other officer.

Section 34.540 - Contents of return.

Section 34.600 - When party to be remanded.

Section 34.610 - Grounds for discharge of prisoner in custody under order or civil process.

Section 34.680 - Motion to deny petition; motion to strike; controverting replication; time to plead; construction and effect of pleadings.

Section 34.700 - Judgment; liability for obedience to judgment; payment of attorney fees.

Section 34.720 - Imprisonment after discharge.

Section 34.740 - Amendment of petition or action against public body when wrong remedy sought; effect of amendment on time limitations; attorney fees.