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2025 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 034 - Writs
Section 34.610 - Grounds for discharge of prisoner in custody under order or civil process.
Universal Citation:
OR Rev Stat § 34.610 (2025)
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If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, such prisoner shall be discharged only if one of the following cases exists:
(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]
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