2021 Oregon Revised Statutes
Chapter 034 - Writs
Section 34.610 - Grounds for discharge of prisoner in custody under order or civil process.


(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]

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.