(1) The person has been discharged from a commitment on a criminal charge, and afterwards is committed for the same offense by the legal order or process of the court wherein the person is bound by a release agreement or has deposited security, or in which the person is indicted or convicted for the same offense;
(2) After a judgment of discharge for a defect of evidence or for a material defect in the commitment, in a criminal case, the party again is arrested on sufficient evidence, and committed by legal process for the same offense;
(3) In a civil action or suit, the party has been discharged for illegality in the judgment or process, and afterwards is imprisoned for the same cause of action or suit; or
(4) In a civil action or suit, the person has been discharged from commitment on a writ of arrest, and afterwards is committed on execution, in the same action or suit, or on a writ of arrest in another action or suit, after the dismissal of the first one. [Amended by 1973 c.836 §325; 2003 c.14 §17; 2003 c.576 §316]
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.