ORS 34.030
Jurisdiction to grant writ

  • petition for writ
  • time limit

The writ shall be allowed by the circuit court, or, in counties where the county court has judicial functions, by the county court wherein the decision or determination sought to be reviewed was made, upon the petition of the plaintiff, describing the decision or determination with convenient certainty, and setting forth the errors alleged to have been committed therein. The petition shall be signed by the plaintiff or the attorney of the plaintiff, and verified by the certificate of an attorney to the effect that the attorney has examined the process or proceeding, and the decision or determination therein, and that it is erroneous as alleged in the petition. A writ shall not be allowed unless the petition therefor is made within 60 days from the date of the decision or determination sought to be reviewed. [Amended by 1979 c.772 §9a]

Source: Section 34.030 — Jurisdiction to grant writ; petition for writ; time limit, https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html.

Notes of Decisions

This section relates to venue and is not jurisdictional. Dietz v. Ott, 8 Or App 634, 495 P2d 1212 (1972)

A motion to quash is the proper means of challenging a writ not filed within the time limit imposed by this section. Meury v. Jarrell, 16 Or App 239, 517 P2d 1221 (1974), aff’d 269 Or 606, 525 P2d 1286 (1974)

An amended petition under this section which states sufficient facts can be filed after the 60-day time limit has expired, so long as the original filing was within that time limit. Meury v. Jarrell, 16 Or App 239, 517 P2d 1221 (1974), aff’d269 Or 606, 525 P2d 1286 (1974); NW Environmental Defense Center v. The City Council for the City of Portland, 20 Or App 234, 531 P2d 284 (1975), Sup Ct review denied

Only the entry of the formal written judgment, or in the case of a zoning change, the adoption of the ordinance, begins the 60-day limitation period. Duddles v. City Council of West Linn, 21 Or App 310, 535 P2d 583 (1975)

Date of “decision or determination” which had effect of beginning period for appeal under this section was when city council voted and announced its decision to deny zone change and not date of entry of approved minutes of meeting. Hitchcock v. McMinnville City Council, 47 Or App 897, 615 P2d 409 (1980), aff’don other grounds, 291 Or 404, 631 P2d 777 (1981)

Where no vote was taken, or decision made at public hearing on conditional use permit application, and county’s procedures provided for entry of the final order in county journal, date of the journal entry was controlling date for determining the 60-day statutory period within which to commence writ of review action. Lyford v. Board of Commissioners for Benton County/Pacific Northwest Bell Telephone Company, 59 Or App 585, 651 P2d 1355 (1982), Sup Ct review denied

Petition for writ of review is not sufficient where petition contains merely conclusory allegations of error, does not inform court of evidence to be addressed and does not provide sufficient facts to enable court to determine whether to issue writ. Gruetzke v. City of Gresham, 108 Or App 325, 815 P2d 228 (1991), Sup Ct review denied

Court could not obtain jurisdiction over time-barred writ of review by permitting amendment of complaint for declaratory judgment to include petition and relating petition back to date complaint was filed. Shipp v. Multnomah County, 133 Or App 583, 891 P2d 1345 (1995), Sup Ct review denied

Law Review Citations

10 WLJ 371 (1974)

34.010
Former writ of certiorari as writ of review
34.020
Who may obtain review
34.030
Jurisdiction to grant writ
34.040
When allowed
34.050
Plaintiff’s undertaking
34.060
To whom directed
34.070
Stay of proceedings
34.080
Issuance and service of writ
34.090
Order for further return
34.100
Power of court on review
34.102
Review of decisions of municipal corporations
34.105
Definitions for ORS 34.105 to 34.240
34.110
When and to whom writ issued
34.120
Courts having jurisdiction
34.130
Petition for writ
34.140
Direction and service of writ
34.150
Peremptory and alternative writs
34.160
Allowance of peremptory writ in first instance
34.170
Answer or motion to dismiss by defendant
34.180
Failure to answer or move for dismissal
34.190
Other pleadings
34.200
Allowance and trial in Supreme Court
34.210
Recovery of damages
34.220
Recovery as a bar
34.230
Imposition of fine
34.240
Appeal
34.250
Certain mandamus proceedings under Supreme Court’s original jurisdiction
34.310
Purpose of writ
34.320
Courts having jurisdiction
34.330
Who may not prosecute writ
34.340
Petition
34.350
Application by district attorney
34.355
Appointment of counsel
34.360
Contents of petition when person challenges authority for confinement
34.362
Contents of petition when person challenges conditions of confinement or deprivation of rights while confined
34.365
Filing petition of prisoner without payment of filing fees
34.370
Order to show cause
34.380
Warrant in lieu of writ
34.390
Order for arrest of person having custody
34.400
Execution of warrant
34.410
Criminal offense by person having custody
34.421
Contents of writ
34.430
Defect of form
34.440
Who may serve writ
34.450
Payment of charges when service is on person other than sheriff or other officer
34.460
Manner of service
34.470
Service when officer or other person hides or refuses admittance
34.480
Proof of service
34.490
Duty to obey writ
34.500
When return must be made
34.520
Sickness of person
34.530
Requiring return and production of party by order
34.540
Contents of return
34.550
Warrant in case of refusal or neglect to obey writ
34.560
Failure of sheriff to return writ
34.570
Precept commanding bringing of prisoner
34.580
Inquiry into cause of imprisonment
34.590
Discharge when no legal cause for restraint is shown
34.600
When party to be remanded
34.610
Grounds for discharge of prisoner in custody under order or civil process
34.620
Inquiry into legality of certain judgments and process not permitted
34.630
Proceedings where commitment for criminal offense is legal, or party probably is guilty
34.640
Custody of party pending proceedings
34.650
Notice to third persons
34.660
Notice to district attorney
34.670
Replication following return
34.680
Motion to deny petition
34.690
Requiring production of person after writ issued
34.695
Conduct of hearing
34.700
Judgment
34.710
Appeal
34.712
Summary affirmation of judgment on appeal
34.720
Imprisonment after discharge
34.730
Forfeiture for refusing copy of order or process
34.740
Amendment of petition or action against public body when wrong remedy sought
34.810
Scire facias and quo warranto
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