(2) The court shall include in the judgment an order that the defendant pay the attorney fees incurred by the petition, not to exceed $100, if:
(a) The court enters a judgment requiring that the plaintiff be discharged; and
(b) The court finds that the allegations or defenses in the return were frivolous. [Amended by 1995 c.657 §9; 1999 c.114 §6]
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.