2015 Oregon Revised Statutes
Volume : 10 - Highways, Military, Juvenile Code, Human Services
Chapter 399 - Organized Militia
Section 399.238 - Applications for relief of obligations or liabilities or stay of civil or administrative proceedings by state service members.

(1) As used in this section, "service member" means:

(a) A member of the organized militia who is called into active service under ORS chapter 399.

(b) A member of the Oregon National Guard who is called into active service outside this state under Title 10 or Title 32 of the United States Code.

(2) A service member may, while in active service or within one year after that service ends, apply to a court or an administrative body:

(a) For relief with respect to any obligation or liability incurred by the member before the period of active service began. The court or administrative body, after appropriate notice and hearing, may grant relief unless the court or administrative body determines that the ability of the member to comply with the terms of the obligation or liability has not been materially affected by active service.

(b) For a stay of a civil or administrative proceeding in which the service member is a party. The court or administrative body, after appropriate notice, shall grant the stay unless the court or administrative body determines that the ability of the service member to appear is not materially affected by active service.

(3) The court or administrative body may not charge or collect any fee from a service member who applies to the court or administrative body for relief under this section.

(4) An application filed under this section may not be deemed as consent to jurisdiction in any action or proceeding.

(5) The period of a service member’s active service may not be included in computing any period limited by law, rule or order for bringing any action or proceeding before a court or administrative body for or against the service member or the service member’s heirs, executors, administrators or assigns.

[2003 c.387 §9; 2005 c.79 §1; 2007 c.400 §1; 2009 c.345 §3]

Note: 399.238 and 399.240 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 399 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.