(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. [Amended by 2005 c.22 §26]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 34.040 - When allowed.
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 34.430 - Defect of form; designation of persons.
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 34.700 - Judgment; liability for obedience to judgment; payment of attorney fees.