Hearing on claim, response or motion
- • order
(1) A hearing on a claim, a response filed under ORS 147.517 (Notice) (4) or a motion filed under ORS 147.522 (Issue that will have impact on trial) shall be conducted in accordance with this section.
(2) At the hearing, the court may receive evidence relevant to the claim or motion.
(3) As to a particular fact at issue, the court shall find against the person bearing the burden of persuasion unless the person proves the fact by a preponderance of the evidence.
(4) If the court determines that the moving party:
(a) Is entitled to relief, the court shall, after giving due consideration to the requested relief, issue a written order.
(b) Is not entitled to relief or that the Oregon Constitution or the United States Constitution prohibits all appropriate relief, the court shall issue a written order denying relief.
(5) An order issued under subsection (4) of this section must:
(a) Be issued within seven days from the date of the hearing held pursuant to this section, unless the court finds good cause to issue the order at a later date.
(b) Except as provided in ORS 147.517 (Notice) (4)(b)(B), include the reasons relief was granted or denied.
(6) The court shall provide a copy of the order issued under subsection (4) of this section to the victim, the prosecuting attorney, the defendant, any person who filed a response under ORS 147.517 (Notice) (4) and any person against whom relief was ordered at the mailing address provided under ORS 147.517 (Notice) (1)(a). [2009 c.178 §11; 2013 c.224 §2]
Note: See note under 147.500 (Definitions).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information